Central Administrative Tribunal - Allahabad
Dhirendra Kumar vs Shri Sanjay Garg, Secretary, Indian ... on 7 April, 2025
Open Court
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD.
(This the 7th day of April, 2025)
CP No. 143/2022 in O.A. No. 74/2006
Hon'ble Mr. Justice Rajiv Joshi, Member (Judicial)
Hon'ble Mr. Anjani Nandan Sharan, Member (Administrative)
1. Dhirendra Kumar aged about 47 years, S/o Shri Chandra Kant Yadav,
R/o House No. C-989, Patel Nagar, Bareilly.
.....Applicant
By Advocate: Shri K P Singh
VERSUS
1. Shri Sanjay Garg, Secretary, Indian Council of Agricultural Research
(ICAR), Krishi Bhawan, Dr. Rajendra Prasad Marg, New Delhi.
2. Dr. Himanshu Pathak, Director General, Indian Council of
Agricultural Research (ICAR), Krishi Bhawan, Dr. Rajendra Prasad Marg,
New Delhi.
3. Dr. Triveni Dutt, Director, IVRI, Izatnagar Bareilly- 243122.
. . .Respondents
By Advocate: Shri Narendra Pratap Singh
ORDER
By Hon'ble Mr. Justice Rajiv Joshi, Member (Judicial) Heard Shri K P Singh, learned counsel for the applicant and Shri Narendra Pratap Singh, learned counsel for the respondents.
2. The instant Contempt Petition has been filed under Section 17 of the Administrative Tribunal Act, 1985 for complying the following order dated 13.04.2011 passed in O.A. No. 74/2006:-
... "12. In view of the above, the OA is allowed. Respondents are directed to issue necessary appointment order to the applicants as recommended by the Selection Committee. The applicant's PRIYADARSHANA seniority shall be on the basis of his merit in the selection. His pay shall also be fixed accordingly from the date his juniors had been paid, but the same shall be notional till he joins the duties."
3. Against the said order, Indian Council of Agricultural Research filed a Writ A No. 59186 of 2011 before Allahabad High Court in which the order dated 14.10.2011 was passed and the directions passed by the Tribunal was stayed. Subsequently, the said Writ Petition was dismissed for want of prosecution vide order dated 12.07.2022. Against the aforesaid order, on 01.11.2022, the respondents filed a recall application along with delay condonation application which as per the respondents is pending.
4. In the meantime, compliance affidavit has been filed from the side of the respondents stating therein that in compliance of the order dated 13.04.2011 passed in O.A. No. 74/2006, the respondent-3 i.e. Dr. Triveni Dutt, Director, IVRI, Izatnagar Bareilly given the offer of appointment vide letter dated 17.11.2011 in respect of Shri Dhirendra Kumar.
5. The order dated 30.10.2024 appended at page 17 of the compliance affidavit dated 25.11.2024 is quoted as under:-
F. No.-18(C)-10/2011-E-II(E-file No. 259772) Dated-30 10:2024 OFFICE ORDER In compliance of Hon'ble CAT order dated 13.04.2011 & Hon'ble Allahabad High Court Order dated 07.08.2024, Council's approval vide e-file no. 37920 and also endorsed by legal Section, IVRI vide letter dated 29.10.2024, the pay of Sh Dhirendra Kumar, Technical Assistant(T-3), ICAR-IISR( initially appointed as Technician/T-1 at IVRI) is fixed Rs. 3200/- per month in the pay scale of Rs 3200-85-4900 with effect from 5.10.2005 i.e. the date joining of his juniors, but the same shall be notional till his joining(notional pay from 05.10.2005 to dated 02.12.2011as per direction of Hon'ble Court).
Further, re-fixation/revision of his pay will be as per 6th & 7th CPC and increments will be granted as per Rules.
This issues with the approval of Director, IVRI "
PRIYADARSHANA Page 2 of 3
6. The objection has been filed from the side of the applicant to the compliance affidavit wherein it is stated that the so-called order issued on 30.10.2024 is only eye-wash and in para 2(B) of the objection to the compliance affidavit, it is mentioned that the applicant filed a reminder dated 27.01.2025 to the Director, Indian Sugarcane Research Institute, Lucknow with the request to implement the order of CAT, Allahabad Bench which was affirmed by Allahabad High Court in Writ A no. 59186 of 2011 dated 07.08.2024 and the respondents only issued the letter dated 30.10.2024 but no action has been taken even no seniority has been assigned as per the direction of the Tribunal dated 13.04.2011.
7. In para D of the objection to the compliance affidavit, it is further stated that the applicant has been informed through IVRI administration that no action will be taken from this side and he has been informed that he must have understood that no action will be taken.
8. We have heard learned counsel for both the parties and perused the records.
9. From the perusal of the order dated 30.01.2024 as quoted above, the applicant has given the benefit of the order dated 13.04.2011 passed in O.A. No. 74/2006. And as such, the order dated 13.04.2011 passed by the Tribunal has already been complied with. If the applicant is aggrieved of the order, he may represent the respondents in this regard.
10. Accordingly, the Contempt Petition is consigned to record. Notices are discharged.
11. All pending M.As. stand disposed of, accordingly.
(Anjani Nandan Sharan) (Justice Rajiv Joshi)
Member-A Member-J
/Priyadarshana/
PRIYADARSHANA
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