Central Administrative Tribunal - Jabalpur
Malkhan Singh vs M/O Agriculture on 30 January, 2024
1 OA No.200/894/2012
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/894/2012
Jabalpur, this Tuesday, the 30th day of January, 2024
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MR. KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
1. Shri Malkhan Singh, aged about 50 years, working as T-2 Driver, High
Security Animal Disease Laboratory (HSADL), I.V.R.I., Kokta Road,
Anand Nagar, Bhopal (M.P.) 462001.
2. Shri Raja Ram Chouksey, S/o Shri Shyam Lal Chouksey, aged about 50
years, working as T-2 Driver, High Security Animal Disease Laboratory
(HSADL); IVRI, Kokta Road, Anand Nagar, Bhopal (M.P.) 462001.
-Applicants
(By Advocate - Shri Balwant Rai)
Versus
1. Union of India through Secretary, Indian Council of Agricultural
Research, Krishi Bhavan, New Delhi - 110114.
2. Director, Indian Vetrinary Research Institute, Izatnagar, Barailly (U.P.) -
243122.
3. Joint Director, High Security Animal Disease Laboratory, I.V.R.I, Kokta
Road, Anand Nagar, Bhopal (M.P.) 462001 -Respondents
(By Advocate - Shri D.S. Baghel)
ORDER
By Akhil Kumar Srivastava, JM.-
The applicants, through this Original Application are challenging the letter dated 11.06.2012 (Annexure A-1), whereby it has been ordered to make recovery from those technical cadre employees, who have been Page 1 of 3 2 OA No.200/894/2012 granted overpayment due to grant of more than one advance increment while the applicants have been granted three advance increments respectively.
2. Today, the matter was listed for final hearing.
3. At the outset, learned counsel for the applicant has placed a copy of the instructions issued by the Indian Council of Agricultural Research Krishi Bhavan, New Delhi dated 31.07.2014 to all the Directors of Institutes/National Research Centres/Bureaux/ Directorates/Zonal Project Directors under ICAS, whereby the following decision has been taken:
"The Council vide its letter No. 4(13)/2008-Estt. IV dated 11.6.2012 had conveyed the decision of the Competent Authority on the issue of regulation of advance increments w.e.f. 1.1.2006 to the technical cadre employees. It has however been brought to the notice that the operation of instructions contained in Circular dated 11.6.2012 to the extent of recovery of overpayment on account of grant of more than one advance increment and/or at higher rates than those prescribed vide letter dated 11.6.2012, has been stayed by Hon'ble Central Administrative Tribunal, Chennai Bench. It has been decided with the approval of Competent Authority that pending final decision on the cases before the Benches of the Hon'ble Tribunal, the recoveries to be effected from technical cadre employees on account of overpayment due to grant of more than one advance increment and/or at higher rates than those prescribed in the Council's letter dated 11.6.2012 may be kept in abeyance subject to the final outcome of the litigations."
4. Learned counsel for the respondents does not dispute that the letter dated 11.06.2012 (Annexure A-1) regarding grant of advance increment to Page 2 of 3 3 OA No.200/894/2012 technical employees of ICAR, has been kept in abeyance vide instructions dated 31.07.2014.
5. In view of such position, we dispose of this Original Application at this stage with liberty to the applicants to agitate their grievance again if cause of action still persists in their favour after the outcome of the Court cases pending before the coordinate Bench of this Tribunal. No order as to costs.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
am/-
Page 3 of 3