Central Administrative Tribunal - Mumbai
Dr Ulhas Atmaramji Nandankar vs M/O Agriculture on 17 October, 2025
1 OA No. 2050/2020
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI,
CAMP AT NAGPUR
O.A. No. 2050/2020
Order reserved on : 18.09.2025
Dated : 17/10/2025
Coram: Hon'ble Mr. Umesh Gajankush, Member (J)
Mr. Dr. Ulhas Atmaramji Nandankar, aged about 54 years,
Occupation:Service, R/O N-18, First Floor, Sneh Nagar, Wardha road,
Nagpur-440015.
....Applicant.
(By Adv: Ms. K.K. Pathak).
Versus
1) Union of India, Ministry of Agriculture Krishi Bhawan, New
Delhi-110001 through its Secretary.
2) Indian Council of Agricultural Research, Krishi Bhavan. Dr.
Rajendra Prasad Road, New Delhi- 110001 through its Director
General.
3) Central Institute for Cotton Research Panjari Farm, Near
Khapari Fata, Wardha Road, Post Bag No. 2, Shankar Nagar
Post Office, Nagpur- 440010(M.S.) through its Director.
4) Central Institute for Cotton Research Panjari Farm, Near
Khapari Fata, Wardha Road, Post Bag No. 2, Shankar Nagar
Post Office, Nagpur- 440010(M.S.) through its Senior
Administrative Officer.
......Respondents.
(By Adv: Shri S.S. Ghate along with counsel Shri
Digitally signed by VIJAY
VIJAY KUMAR VERMA
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Devdutta Sukhdev)
2 OA No. 2050/2020
Order
Per : Shri Umesh Gajankush, Member (J)
The present original application has been filed by the applicant with the following relief:
(A) By way of appropriate order and direction, hold and declare that the action of the respondents in issuing impugned order dated 24/5/2018, office note dated 4/7/2017 and impugned order dated 22/4/2019 and 20/9/2019 thereby stopping the Non-Practicing Allowance (N.P.A.) and dearness allowance thereon of the applicant with immediate effect is illegal, arbitrary, malafide and violative of Article 14 and 16 of the Constitution of India as well as principles of natural justice;
(B) By way of appropriate order and direction, quash and set aside impugned order dated 24/5/2018 as well as office note dated 4/7/2017 and impugned order dated 22/4/2019 and 20/9/2019 thereby stopping the Non-Practicing Allowance (N.P.A.) and dearness allowance thereon of the applicant with immediate effect as illegal arbitrary, malafide and violative of Article 14 and 16 of the Constitution of India as well as principles of natural justice;
(C) By way of appropriate order and direction, direct the respondents to extend the benefit of Non-Practicing Allowance (N.P.A.) and dearness allowance thereon to the applicant with applicable retrospective effect Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01 +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 in view of Office Memorandum dated 7/7/2017 along with all arrears arising therefrom along with interest 3 OA No. 2050/2020 @ 18 % per annum on the said amount in the interest of justice.
D) By way of appropriate order and direction, direct the respondents to fix the pay of the applicant in the appropriate pay scale after extending the benefits referred to hereinabove in the interest of justice.
E) Allow this original application with cost;
F) Grant any other relief which this Hon'ble Tribunal may deems fit and proper in the facts and circumstances of the case.
2. The brief facts of the case as stated by the applicant in the Original Application are that on 01/10/1994, the respondents had issued advertisement for various vacant posts including the post of Technical Officer T-6 (Farm Manager). The essential qualification prescribed for the post was 3 years diploma or bachelor degree in veterinary science and 5 years' experience in the field of veterinary science. The desirable qualification for the aforesaid post was Master Degree in veterinary science. It is stated that, since applicant was possessing the requisite Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01 qualification and, therefore, he applied for the said post and got +05'30' VERMA Foxit PDF Reader Version:
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3. Thereafter, the applicant came to be appointed w.e.f. 04/05/1995, vide order dated 26/03/1995 with the respondents in the capacity of Farm Manager in T-6 grade and posted at National Research Centre, YAK, Dirang, West Kameng, District Arunachal Pradesh vide order dated 08/06/1995. It is submitted that the applicant was paid Non-practicing Allowance (NPA) and dearness allowance thereon by the respondents in each and every month right from the date of his appointment.
4. Further, statement regarding fixation of pay of applicant under Central Civil Service (Revised Pay) Rules, 1997 on 25/12/1997 had been issued, wherein it is clearly stated that, the applicant was paid Non-practicing Allowance (NPA) and dearness allowance there on as per Sub/Rule 1, (D) of rule 7.
5. The Government of India, Ministry of Finance, Department of Expenditure had issued office memorandum on 15/04/1998 on the subject of revision of rates of Non-practicing Allowance attached to veterinary posts following the Central Civil Service (Revised Pension) Rules 1997 and recommendations made by various pay commissions from time to time. Another office Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01 memorandum on the same subject was issued on 04/05/1999 +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 and 30/08/2008. It is submitted that, for a period of 23 years, 5 OA No. 2050/2020 the applicant had received Non-Practicing Allowance and Dearness Allowance thereon in each and every month right from the date of his joining till April 2018 continuously in view of aforesaid office memorandums.
6. Meanwhile in the year 2008, the post and designation of Farm Manager was reviewed and renamed as Technical Officer in T-6 grade. Subsequently, the applicant was promoted from farm manager in T-6 grade to Senior Technical Officer in T-7-8 grade and further promoted from T-7-8 grade to T-9 grade as Chief Technical Officer. It is stated that, the applicant served the respondents for his initial date of appointment for 20 years at National Research Centre, YAK, Dirang, West Kameng, District Arunachal Pradesh w.e.f. 04/05/1995. to 09/05/2015. It is submitted that the said centre is one of the remotest centres of the respondents where the applicant has served for 20 years without any break in service and has received Non-practicing Allowance and Dearness allowance thereon in each and every month right from the date of appointment till issuance of impugned order.
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7. It is submitted that on 01/04/2015, the applicant came to be transferred from National Research Centre, YAK, Dirang, West Kameng, District Arunachal Pradesh to Institute for Cotton Research, CICR, Nagpur which was approved by respondent No.
1. However, respondent No. 3 had raised a query to respondent No. 2 i.e. Indian Council of Agriculture Research, New Delhi regarding accommodation of the applicant at Nagpur. In pursuance of which, vide communication dated 23/04/2015, respondent No. 2 had clearly directed respondent No. 3 that the post of the applicant falls under the category of "Field/Farm Technician" and he joined initially as T-6 at NRC, on Yak and has been promoted to T-9 under TSR of ICAR. The said communication further states that, in so far as transfer of the applicant is concerned to CICR, main institute or KVK, CICR is concerned, the same is internal matter of CICR, Nagpur and the institute is free to accommodate the applicant whenever the vacancy is available as per the rules.
8. Thereafter on 04/06/2015, respondent No. 4 had issued posting order of the applicant thereby posting him against the Digitally signed by VIJAY VIJAY vacant post in category-III, Field/Farm Technician (Plant KUMAR VERMA Location:
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Protection) under Krishi Vigyan Kendra (KVK), CICR, Nagpur. It 7 OA No. 2050/2020 is stated that the applicant was transferred from Arunachal Pradesh to Nagpur in the capacity of Chief Technical Officer (T-
9) and he has been subsequently adjusted in KVK against vacant post by the respondents in the capacity of Field/Farm Technician after allowing him to join as Chief Technical Officer with respondent No. 4 on 11/05/2015.
9. The last pay certificate at the time of joining at Nagpur dated 11/05/2015 clearly shows that the applicant was paid Non-Practicing Allowance by the respondents at the rate of 25% as well as Dearness allowance thereon.
10. Thereafter, on 04/06/2015, the respondents have assigned the responsibility of Farm Section to the applicant in the capacity of Senior Farm Superintendent, Farm Section including 42 bullocks management as well as security in charge and estate in charge.
11. It is stated that after introduction and implementation of 7th Central Pay Commission, the respondents have issued office order dated 09/02/2017 by revising the pay scale of the VIJAY Digitally signed by VIJAY KUMAR VERMA applicant and other two employees.
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12. The said chart clearly shows that applicant was paid Non- practicing Allowance by the respondents at the rate of 25% and Dearness allowance thereon.
13. On 07/07/2017, Government of India, Ministry of Finance, Department of Expenditure had issued Office Memorandum by modifying the existing rates of NPA and directed that NPA should be paid at the rate of 20% of basic pay in the revised pay structure invoked based on the recommendations of the 7th Central Pay Commission.
14. It is stated that the applicant fulfils all the eligibility criteria and he was eligible to receive NPA at the rate of 20% of basic pay and DA thereon in the revised pay structure based on the recommendation of the 7th Central Pay Commission in view of office memorandum dated 07/07/2017. However, the respondents did not revise the NPA of the applicant. Therefore, the applicant has submitted representation to the respondents requesting them to extend the benefit of NPA at the rate of 20% of basic pay in view of OM dated 07/07/2017.
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15. In the meanwhile, the respondents had issued staff position for the year 2017/2018 where it is stated that applicant has been adjusted under the sanction and vacant post of Subject Matter Specialist (Plant Protection) and joined in KVK, CICR, Nagpur on 11/05/2015.
16. To utter surprise of the applicant, respondent No. 4 had issued impugned order dated 24/05/2018 in respect of the applicant thereby monthly benefit of the NPA came to be suddenly stopped with immediate effect. It is stated that looking to the salary slip of month April 2018 and May 2018 issued by respondents clearly shows that the applicant has received NPA in the month of April 2018 but not in May 2018.
17. The applicant has further submitted representation dated 28/05/2018 against the order dated 24/05/2018. However, since no reply was received and, therefore, appeal was submitted to respondent No. 2 on 14/06/2018. Thereafter, the applicant has received office note dated 04/07/2018 wherein it is stated that since the post of Category-III, Field/Farm Technician (Plant Protection) is not a clinical post, therefore, NPA Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01 is not admissible to the post of Plant Protection. Therefore, +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 another representation dated 19/10/2018 was submitted to 10 OA No. 2050/2020 respondent No. 2. It is further submitted that the applicant had submitted his self/assessment report to respondent No. 3 in which respondent No. 3 assessed the work of the applicant and graded him as "outstanding". On perusal of ACR of the applicant, it reveals that performance of the applicant and remark of Reporting Officer as well as Reviewing Authority are self/explanatory to suggest that the work of the applicant is outstanding for year 2015-16, 2016-17, 2017-18 and 2018-19. Further, respondent No. 4 had assessed the work of the applicant with remark that the applicant being a man of veterinary science has handled the form section well and improved the lifestyle of institute and said remark was approved by respondent No. 3 in the annual computation report for the year 2018-19.
18. By challenging office order dated 24/05/2018 and office note dated 04/07/2018 issued by respondent No. 4, the applicant had filed OA No. 211/2018 before this Tribunal which was disposed of vide order dated 18/02/2019, directing respondent No. 3 to pass suitable reasoned and speaking order Digitally signed by VIJAY VIJAY on the representation of the applicant.
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19. However, vide communication dated 22/04/2019, the same was rejected by holding that applicant is not entitled for grant of NPA. Thereafter, appeal was submitted to Director, ICAR which was also rejected by communication dated 20/09/2019. Therefore, the impugned order dated 24/05/2018, 04/07/2018, 22/04/2019 and 20/09/2019 are challenged in the present Original Application on the facts and grounds mentioned in the Original Application.
20. After notice, the official respondents have filed reply and have contested the OA.
21. It is stated that the applicant was initially appointed as Farm Manager (T-6) at NRC Yak, Dirang on 04/05/1995 vide O.O. No. 1(27)/95-PF/ 363, dt. 8/6/1995. At NRC Yak Dirang, he has been granted NPA while fixation of Pay under VI CPC i.e. w.e.f. 01/07/2006 and not since his joining services. No specific recommendations/order of the competent authority from NRC Yak, Dirang for payment of NPA to the applicant is available either in his service book or with the applicant himself. The applicant failed to produce such order.
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22. It is also submitted that the applicant has been transferred (without post) on his own request from NRC for Yak, Dirang to 12 OA No. 2050/2020 ICAR-CICR, Nagpur on 11/5/2015 vide O/o. No. AS7/4/2004/IA- 1, dt. 01/04/2015. After joining CICR, Nagpur, he was posted in Krishi Vigyan Kendra (KVK) of CICR Nagpur and, he adjusted against the vacant Technical post of Field/ Farm Technician (Plant Protection) vide O.O. No. Admn.PF-UAN/2015, dt. 4 June 2015.
23. It is further submitted that in CICR/KVK, Nagpur, there are only two sanctioned post of veterinary (i.e. one post of Technical category III and one post in Technical category II). Both the above posts are clinical posts and the same have already been filled up by Dr. UV Galkate and Dr. PB Deulkar respectively in the year 1997 itself.
24. As per the Government of India, Ministry of Finance, Department of Expenditure letter F.No. 12/2/2016-EIII.A dated 07/07/2017 regarding revision of rates of Non-Practicing Allowance (NPA) in respect of Veterinary posts, the NPA shall continue to be restricted to those Veterinary posts for which minimum qualification is degree of B.V.Sc. and A.H. with registration in Veterinary Council of India, following conditions Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01 shall also be fulfilled:
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(a) The post is a clinical one, 13 OA No. 2050/2020
(b) The post is a whole time post,
(c) There is ample scope for private practice, and
(d) It is necessary to prohibit private practice in public interest.
25. It is also submitted that the applicant was posted in KVK, CICR, Nagpur against the vacant post in Cat.-III, field/farm Technician (Plant Protection). As per the ICAR recruitment guideline, this post is not a clinical post. Therefore, Non- Practicing Allowance (NPA) is not admissible to this Field/Farm Technician post. Therefore, the respondent no.3 has stopped payment of Non-Practicing Allowance, in terms of instructions as contained in office memorandum No. F.No. 12/2/2016-EIII.A, Government of India, Ministry of Finance, Department of Expenditure dated 7th July, 2017 which was conveyed to the applicant by this office vide office order of even No. dated 24.05.2018.
26. Respondents further submits that the applicant had previously filed an OA NO. 211/00260/2018 before the Hon'ble Central Administrative Tribunal, Nagpur Bench, Nagpur. The Hon'ble Tribunal was pleased to pass the order dated VIJAY KUMAR Digitally signed by VIJAY KUMAR VERMA Location: Date: 2025.10.17 17:20:01 +05'30' 18.02.2019 stating that the Counsel for the applicant has not VERMA Foxit PDF Reader Version:
2025.2.1 been able to lay his hands upon the recruitment guidelines for 14 OA No. 2050/2020 the job in particular. The learned Member directed the respondent No. 3 to pass a suitable reasoned and speaking order on the representations of the applicant within 8 weeks disposing the Original Application accordingly. The respondent No. 3 had passed the reasoned Speaking Order dated 22.4.2019 and served to the applicant. In the said application the respondent No. 3 has given the detailed guidelines of DoPT for payment of the Non-Practicing Allowance (NPA) which is not applicable to the Applicant in current scenario. Hence, the Application is liable to be rejected.
27. Rejoinder was filed by the applicant, controverting the stand taken by the respondents. It is stated that the applicant has received NPA right from the date of his initial appointment as per the provisions of Central Civil Service (Revised Pay), Rules, 1997, which could be seen from the various orders issued by the respondents themselves. A copy of the office order dated 8/6/1995 (Page No. 45-47) along with salary slip of the applicant issued by the respondents, statement of fixation of pay of the applicant dated 25/12/1997 (Page No. 49-50) as per provisions Digitally signed by VIJAY VIJAY of Central Civil Service (Revised Pay), Rules, 1997 issued by the KUMAR VERMA Location:
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respondents, Last Pay Certificate dated 11/5/2015 (Page No. 15 OA No. 2050/2020
60) issued by the respondents, Office order dated 9/2/2017 (Page No. 63-64) issued by the respondents, Copy of Pay Slip for the Month April-2018 (Page No. 70) and lastly the Administrative Officer, National Research Centre on YAK, (I.C.A.R.), Dirang, Arunachal Pradesh-790101 had issued certificate dated 3/5/2019 (Page No. 127-128) in favour of the applicant thereby stating that the applicant was granted Non Practicing Allowance while serving at ICAR-NRC on Yak, Dirang as T-6 (Farm-Manager).
28. He further submits that the documents referred to in Para No. 3 & 4 above have not been denied by the respondents in their reply. In view of the aforesaid, the contention of the respondents that the applicant did not receive non practicing allowance right from the date of his initial appointment and there is no recommendation/Specific order of the Competent Authority from NRC YAK Dirang for payment of non-practicing allowance and applicant failed to produce order to that effect are itself false, baseless, frivolous and contrary to their own record and documents referred to hereinabove and same is devoid of any Digitally signed by VIJAY VIJAY substance and merit.
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29. He also states that the respondents have further stated that there is no entry in service book of the applicant or with the applicant himself. It is pertinent to mention here that, the applicant has received non practicing allowance right from the date of his initial appointment as per the provisions of Central Civil Service (Revised Pay), Rules, 1997, which could be seen from the various orders issued by the respondents themselves which are also referred to hereinabove. Further, the Pay-Bill for the period from May-1995 till February-1996 certified by the respondents shows that the applicant has received Non Practicing Allowance. If there is no entry in the service book of the applicant is not the fault of the applicant. In fact, these are the administrative lapses on the part of the respondents for which the applicant's Non-practicing Allowance cannot be stopped and said aspect cannot be a reason and ground by any stretch of imagination for stopping Non-practicing Allowance of the applicant. The aforesaid stand taken by the respondents is extremely hyper technical.
30. It was also submitted that in view of the provisions of Digitally signed by VIJAY VIJAY Central Civil Service (Revised Pay) Rules, 1997 which have been KUMAR VERMA Location:
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framed under Article 309 of the Constitution of India, therefore, 17 OA No. 2050/2020 these rules have binding effect over the respondents. Further, Rule 15 of Central Civil Service (Revised Pay) Rules, 1997 provides for overriding effect of rules which provides that the provisions of the Fundamental Rules, the Central Civil Services (Revision of Pay) Rules, 1947, the Central Civil Services (Revised Pay) Rules, 1960, the Central Civil Services (Revised Pay) Rules, 1973, the Central Civil Services (Revised Pay) Rules, 1986, the Central Civil Services (Revised Pay) Rules, 1997 and the Central Civil Services (Revised Pay) Rules, 2008 shall not save as otherwise provided in these rules, apply to cases where pay is regulated under these rules, to the extent they are inconsistent with these rules. The Non Practicing Allowance has been considered as "pay" for the purposes of service, that is, it is considered to be the "pay" for the purposes of Dearness Allowance and Travelling Allowance and for retirement benefits. In view of the above, the Central Civil Service (Revised Pay) Rules, 1997, shall always have overriding effect over recruitment regulations framed by the respondents. The only reason stated by the respondents in the impugned note dated VIJAY KUMAR Digitally signed by VIJAY KUMAR VERMA Location: Date: 2025.10.17 17:20:01 +05'30' 4/7/2018 and impugned order dated 22/4/2019 as well as in VERMA Foxit PDF Reader Version:
2025.2.1 their reply is that as per the ICAR recruitment guidelines, the 18 OA No. 2050/2020 post of Field/Farm Technician (Plant Protection) is not a clinical post. In this respect it is submitted that, the provisions of Central Civil Service (Revised Pay) Rules, 1997 shall always have overriding effect over recruitment guidelines of the respondents. Therefore, reliance placed by the respondents over ICAR recruitment guidelines is itself devoid of any merit and substance. When the right to receive Non- Practicing Allowance (N.P.A.) has been conferred on the applicant as per the provisions of Central Civil Service (Revised Pay) Rules, 1997 then the same cannot be taken away by any other regulations much less recruitment regulations framed by the respondents. The recruitment guidelines framed by the respondents will come into picture at the time of initial recruitment and not for the purpose of extending the benefit of Non-Practicing Allowance (N.P.A.). Thus, the reliance placed by the respondents on the recruitment guidelines framed by the respondents is itself misplaced and same is devoid of any merit and substance.
31. It is also submitted that the qualification of the applicant is B.V.Sc. and AH(Bachelor of Veterinary Science & Animal Digitally signed by VIJAY VIJAY Husbandry) in the year 1990 from Dr. Punjabrao Krishi KUMAR VERMA Location:
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Vidyappeth, Akola. The applicant has also completed M.V.Sc. in 19 OA No. 2050/2020 Veterinary, Obstetrics & Gynaecology) in the year 2003 from College of Veterinary Science, Durg, Chhattisgarh. The applicant has completed Ph.D. in the subject of Animal Reproduction from Maharashtra Animal and Fishery Sciences, University in the year 2013. These qualifications are in relation to clinical only. The applicant was never appointed as Direct Recruit in K.V.K.. Since the applicant was receiving monthly Non-Practicing Allowance (N.P.A.) right from the date of his appointment till April-2018 which itself goes to show that his post was clinical one otherwise he would not have been entitled to receive the same.
32. It is further submitted that the applicant was transferred from Arunachal Pradesh to Nagpur in the capacity of Chief Technical Officer (T-9) vide order dated 1/4/2015 and he has been subsequently adjusted in K.V.K. against vacant post by the respondents vide order dated 4/6/2015 in the capacity of Field/Farm Technician after allowing him to join as Chief Technical Officer with the respondent No. 4 on 11/5/2015. The applicant received monthly Non-Practicing Allowance (N.P.A.) even after joining at Nagpur. The fact of "Adjustment" has also Digitally signed by VIJAY VIJAY been admitted by the respondents. Mere act of Adjustment of KUMAR VERMA Location:
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applicant at Nagpur doesn't change the Educational Qualification 20 OA No. 2050/2020 of the applicant, his 1st appointment on clinical post based on his educational qualification, his work experience, his performance, his overall service conditions, nature of duties performed by him. The act of adjustment of particular employee is purely inter departmental adjustment carried out at the Administrative level which doesn't give rise to withhold the statutory benefit of Non- Practicing Allowance. Such a recourse is contrary to law. The act of adjustment can never be subject of withdrawing the long standing extended benefit of Non- Practicing Allowance. The applicant cannot be held liable and responsible for the aforesaid adjustment against the particular post. The stand taken by the respondents is hyper technical and only with a malafide view of depriving the applicant from the benefits of Non- Practicing Allowance.
33. He also submits that the applicant received monthly Non- Practicing Allowance (N.P.A.) even after joining at Nagpur from the year 2015 to April-2018 i.e., for a period of 3 years which shows that the said benefit of Non-Practicing Allowance was drawn by the applicant. To the utter surprise and shock, the Digitally signed by VIJAY VIJAY respondents have suddenly stopped monthly Non-Practicing KUMAR VERMA Location:
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Allowance (N.P.A.) of applicant w.e.f. May-2018 on the ground 21 OA No. 2050/2020 of nature of post. Thus, after paying non-practicing allowance for 3 years by the respondents, the contention of the respondent No. 1 to 4 that, applicant never objected to his adjustment of post is completely an afterthought, baseless and same has been done with a malafide intention of harassing and victimizing the applicant on one count or the other.
34. Thereafter, respondent No. 4 has filed reply to the rejoinder filed by the applicant. It is submitted that the applicant was posted at KVK CICR, Nagpur against the vacant post in CAT- III Field/Farm Technician (Plant Protection). The post occupied by the applicant was not a clinical post. Non practicing allowance is not admissible to the Field/ Farm Technician Post. Therefore, the respondent no.3 had stopped said allowance to the applicant in pursuance to the policy decision reflected in the letter dated 7th July, 2017. It is indeed no more in dispute that the applicant was communicated the same by the impugned order dated 24.5.2018. But, however, the applicant has never challenged the policy decision dated 7th July, 2017. It is further categorically submitted that the applicant is not disputing that he will not be Digitally signed by VIJAY VIJAY eligible as per the policy decision/letter dated 7th July, 2017. KUMAR VERMA Location:
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Still in the absence of challenge to the said policy decision, the 22 OA No. 2050/2020 applicant cannot bypass it for seeking benefits of non-practicing allowance.
35. It is also submitted that the applicant is not eligible for the benefits as claimed after the Office Memorandum dated 07/07/2017. The applicant was initially appointed in National Research Centre on Yak Dirang which falls under the Animal Science Division of ICAR. It is purely an Animal Based Institute, where research on Yak is going on, whereas the applicant is transferred on his own request and presently posted at Central Institute for Cotton Research which falls under the Crop Science Division of ICAR. The mandate of both the institutes are totally different. From this prospective policy also the applicant is not entitled to claim benefits of non practicing allowance.
36. It is stated that the applicant claims that the entire care of 44 bullocks including their health management was taken by him. It does not mean that the post of the applicant is clinical post and he was discharging the said work authoritatively. Being In-charge of Farm Section, the applicant was looking after the Field/ farm Management which includes maintenance of farm, Digitally signed by VIJAY VIJAY sowing, harvesting and disposal of field crop, management of KUMAR VERMA Location:
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labour and farm animal. That by itself shows that the applicant was not eligible to claim such benefits.
37. It is further submitted that it is no more in dispute that the applicant has received non practicing allowance from the year 2015 to 2018. However, as per the Office Memorandum dated 7.7.2017 when the benefits were fixed to the applicant, the immediate corrections took place as per the law laid down by the Hon'ble Supreme Court. It is submitted that the wrong pay fixation granted without due approval were required to be immediately corrected. Same was done. It is needless to state that for doing such proper pay fixation the benefit for grant of NPA is stopped, then that cannot be a action for which opportunity of hearing is warranted.
38. It is also submitted that in as much as it is to state here that in the office of the respondents No. 3 there are two sanctioned posts of veterinary science. One post of technician category III and one post of Technician category II. Both these posts are clinical posts which are occupied by Dr. U.V. Galkate and Dr. P.B. Deulkar since 1997. Therefore, it is apparent that Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01 there were no clinical posts vacant when the applicant was +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 posted at Nagpur. These facts were within the knowledge of the 24 OA No. 2050/2020 applicant. Yet, the applicant has requested to get transferred at Nagpur and the post which was category Field/Farm Technical (Plant Protection) post was awarded to the applicant which was accepted without protest. As the post is not clinical one, the benefits of clinical post and incidental benefits of Non practicing allowance cannot be claimed from any angle.
39. Further the applicant has also filed additional rejoinder and stated that Administrative Officer of National Research Centre on YAK had forwarded service book of the applicant vide communication dated 19/5/2023 by taking necessary entry in the service book of the applicant regarding receipt of the Non- practicing Allowance by the Applicant w.e.f. 04/05/1995 i.e., from the date of his joining to 8/5/2015 while working at Dirang, Arunachal Pradesh. Communication dated 19/5/2023 sent by Administrative Officer of National Research Centre on YAK along with the copy of the entry in the service book of the applicant shows that the applicant had received non practicing allowance right from the date of his initial appointment.
40. The Director, ICAR, Nagpur addressed a communication Digitally signed by VIJAY VIJAY dated 10/11/2020 to Director ICAR-Agricultural Technology KUMAR VERMA Location:
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Application Research Institute (ATARI), College of Agriculture 25 OA No. 2050/2020 Campus, Shivaji Nagar-Pune-411005 regarding adjustment of the applicant. The said communication further states that, the applicant is a senior qualified Veterinarian having Ph.D. Degree in Animal Reproduction. His efficient services through KVK may lead to improvement of livestock status in Nagpur District. A copy of the communication dated 10/11/2020 issued by Director, ICAR, Nagpur to Director ICAR-Agricultural Technology Application Research Institute (ATARI), College of Agriculture Campus, Shivaji Nagar-Pune-411005. The aforesaid documents clearly show that the applicant has been adjusted at Nagpur.
41. I have heard Ms. Pathak, learned counsel for the applicant and Shri S S Ghate along with Shri Devdutt Sukhdev, learned counsel for the respondents and perused the record.
42. Learned counsel for the applicant vehemently argued that from the date of initial appointment till April 2018, the applicant was getting the non-practicing allowance as per Rules and the office memorandum issued by the Government of India. However, without any proper notice, the same was stopped from the month of May 2018 which is clear from the salary slip of the Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01 applicant of May 2018. It is submitted that after the +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 appointment, the competent authority while issuing the 26 OA No. 2050/2020 statement of pay fixation dated 25/12/1997 under the Central Civil Services (Revised Pay) Rules, 1997 was pleased to grant Non-practicing Allowance in terms of Sub-Rule 1 (D) of the Rules of 1997.
43. It is further submitted that after serving at National Research Centre, YAK, Dirang, West Kameng, District Arunachal Pradesh for 20 years, he was transferred to Institute of Cotton Research (CICR), Nagpur on the basis of the approval of respondent No. 1. Thereafter, query was raised to respondent No. 2 regarding accommodation of the applicant at Nagpur which was replied by respondent No.2 stating that same is internal matter of CICR, Nagpur and the Institute is free to accommodate him whenever vacancy is available as per the rules.
44. Thereafter, applicant was posted in Category-III, Field/Farm Technician (Plant Protection) under Krishi Vigyan Kendra , CICR, Nagpur. It is further contended that after transfer in the year 2015, Applicant was getting the NPA up to April 2018. However, suddenly same was stopped in the month of May 2018.
Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01
The impugned action of the Respondent was arbitrary, illegal and +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 contrary to principles of natural justice, therefore, 27 OA No. 2050/2020 representations were submitted to the authorities and further original application was also filed. In pursuance of direction of this Tribunal impugned communication dated 22/04/2019 annexure-A/3 was issued, against which appeal was submitted which was also rejected by impugned communication dated 20/09/2019. It is vehemently argued that merely applicant is adjusted and accommodated with respondent No. 4, therefore, the statutory and legal right which was accrued and granted in earlier point of time, based upon the Rules and office memorandums issued by the Government of India cannot be curtailed and denied.
45. It is further submitted that the official Respondents through their reply and the impugned communication heavily relied upon office memorandum dated 07/07/2017 issued by the Government of India, Ministry of Finance, Department of Expenditure to justify their action. However, looking to the aforesaid office memorandum, it is clear that same is only in respect of revision of the rates of non-practicing allowance on the basis of the recommendation of the 7th pay commission. It Digitally signed by VIJAY VIJAY is submitted that even after posting with and accommodating KUMAR VERMA Location:
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with respondent No. 4, applicant is discharging the duties of 28 OA No. 2050/2020 clinical post and further there is no dispute that applicant is not possessing the requisite qualification as mentioned in OM dated 07/07/2017. However, misreading and misinterpreting the office memorandum dated 07/07/2017 and non-grant of NPA to the applicant from May 2018 is illegal, arbitrary and contrary to law.
46. It is further submitted that office memorandum dated 15/04/1998 clause 4 clearly states that the Non-Practicing Allowance will be treated as 'pay' for all service matters. It is submitted that once the non-practicing allowance was treated to be a pay, then the stand and contention of the Respondent that same is only incentive in nature is not tenable. Even otherwise this benefit of NPA was granted to the applicant in terms of Central Civil Service ( Revised Pay ) Rules 1997 which are framed under Proviso to Article 309 of the Constitution of India and having statutory force, therefore, said right cannot be curtailed or denied merely on the ground that applicant was accommodated and posted with Respondent No. 4 on the post of against the vacant post in Category-III, Field /Farm Technician (plant protection).
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47. During the course of the argument, the Learned Counsel +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 for the applicant has placed reliance on the judgment of the 29 OA No. 2050/2020 Hon'ble Supreme Court in case of State of MP and others versus Yogendra Srivastava reported in (2010)12 SCC 538.
48. Further reliance has been placed in case of Sabina Ahmed and others versus Director General and others reported in (2024) 1 Guwahati Law Reports 259 and the order passed in S. P. Mukthukumar versus Union of India and others passed by the Central Administrative Tribunal, Bangalore Bench, Bengaluru in OA No. 170/00145/2020 decided on 27/12/2022.
49. On the other hand, the learned counsel for the Respondents, on the basis of reply, vehemently argued that since the applicant has been transferred (without post) on his own request from NRC for YAK, Dirang to ICAR/CICR Nagpur on 11/05/2015 and after joining CICR, Nagpur and was posted in Krishi Vigyan Kendra (KVK) of CICR Nagpur and was adjusted against the vacant Technical post of Field/ Farm Technician (Plant Protection) vide Order dated 4, June 2015, since the applicant is not posted against the Clinical Post and, therefore, in terms of Office Memorandum dated 07/07/2017, he is not entitled for non-practicing allowance.
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50. While supporting the impugned orders, learned counsel for the Respondents vehemently argued that NPA is an incentive 30 OA No. 2050/2020 offered to the employee concerned who discharges the work of Clinical Post and possess the requisite qualification. Since applicant is not posted against the Technical Post with respondent No. 4 and, therefore, such incentive cannot be claimed by the applicant as a matter of right.
51. Learned Counsel for the Respondents has placed reliance on the judgment of the Hon'ble Supreme Court in case of Bridge and Roofs Company Limited v. Union of India and Others reported in A.I.R. 1963 Supreme Court 1474 and judgment passed in case of Punjab State Power Corporation Limited and another v. Bal Kishan Sharma and others reported in (2022) 1 Supreme Court Cases 322 and order passed by the Principal Bench of the Central Administrative Tribunal in case of Dr. Bheem Singh Behera versus Union of India and others in O.A. No. 3062/2017, decided on 31/07/2019 and on the basis of aforesaid judgments, it is submitted that no interference is called for in the present Original Application and same is liable to be dismissed.
52. After hearing the learned counsels for the parties and after Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01 perusal of the record, it is not in dispute that the applicant is a +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 qualified Veterinary Doctor with Master's Degree in Veterinary 31 OA No. 2050/2020 Science. The applicant has participated in the selection process on the basis of his qualification as Veterinary Doctor for the post of Technical Officer under T-6 Farm Manager in the year 1994 and got selected and posted at National Research Centre, YAK, Dirang, West Kameng, District Arunachal Pradesh. Further, statement of fixation under Central Civil Service (Revised Pay) Rules 1997, dated 25/12/1997, Annexure A/10, Serial No. 14 (B) clearly shows that the applicant was granted the benefit of NPA.
53. Office Memorandum dated 15/04/1998, Annexure-A/11, is in respect of revision of Rates of Non-practicing Allowance, attached to veterinary pots. Relevant Clause No. 2, 3 and 4 are reproduced herein below:
2. Accordingly, the President has been pleased to decide that the Non-Practising Allowance for Veterinary posts would henceforth be paid at the rate of 25 percent of the basic pay subject to the condition that pay plus the Non-Practising Allowance shall not exceed Rs. 29,500. The revised rate would be effective from the date an employee draws pay in the revised scale applicable to him in accordance with the provisions of the Central Services (Revised Pay) Rules, 1997.
VIJAY Digitally signed by VIJAY
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veterinary posts requiring a degree of B.V.Sc. & A.H. with registration in the Veterinary Council of India as the minimum essential qualifications.
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4. The Non-Practising Allowance will be treated as 'Pay' for all service matters as at present. In other words, the Allowance will be taken into account for computing Dearness Allowance, entitlements of Travelling Allowance and other allowances as well as for calculation of retirement benefits.
54. Further, Clause No. 3 and 4 of Office Memorandum dated 04/05/1999 is reproduced below:
3. A number of references have been received bby this Ministry about the applicability of the revised scale of pay of Rs. 8000-13,500 to veterinary posts in respect of which the minimum qualifications prescribed in the relevant recruitment rules are different from those mentioned in the Notification dated30.99.19997. The Government have considered the matter and it has been decided that the administrative ministries concerned will modify the recruitment rules of veterinary posts, which presently prescribed degrees of B.V.Sc./B.V.Sc. & A.H./B.Sc. (Vet) as the minimum essential qualification so that these conform to the qualification prescribed in the Notifficattion dated 30.9.1997, all future recruitments being made only on the basis of the revised recruitment rules. In the meantime, incumbents of veterinary posts in respect of which degrees of B.V.Sc./B.Sc. (Vet)/ B.V..Sc. & A.H. or any other equivalent degree which has been dully recognised by the Veterinary Council of India under the First Schedule to the Act have been VIJAY Digitally signed by VIJAY KUMAR VERMA Location: prescribed as the minimum essential qualification KUMAR Date: 2025.10.17 and the posts have been placed in the scale of Rs.
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2025.2.1 2000-3500 based on the recommendations of the Fourth Pay Commission for veterinary posts may be 33 OA No. 2050/2020 extended the scale of Rs. 8000-13,500 subject to their being registered with the Veterinary Council of India.
4. Separate orders have also been issued by this Ministry vide O.M.No. No.7 (25)/E.III (A) 97 dated 15.4.1998 regarding revised rates of Non-Practising Allowance attached to Veterinary posts. Para 3 of these orders stipulated that Non-Practising Allowance at the revised rate will be admissible only in respect of those veterinary posts requiring a degree of B.V.Sc. and A.H. with registration in the Veterinary Council of India as the minimum essential qualifications. In conformity with the decision taken in respect of the pay scale. NPA at the revised rate may also be granted w.e.f. 1.1.1996 those incumbents holding veterinary posts and possessing the qualifications recognised under the First Schedule of the Act by the Veterinary Council of India. Who were in receipt of NPA prior to 1.1.1996 and have now been rendered ineligible due to the above stipulation. Provided they are registered with the Veterinary Council of India.
55. Further, Clause No. 3, 4 and 5 of Office Memorandum dated 30/08/2008, which are relevant are reproduced herein below.
3. The revised rate of NPA would be effective from the date an employee draws pay in the revised scale applicable to him in accordance with the provisions VIJAY KUMAR Digitally signed by VIJAY KUMAR VERMA Location: Date: 2025.10.17 17:20:01 +05'30' of the Central Services (Revised Pay) Rules, 2008.
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4. The NPA should be restricted only to those Veterinary posts for which minimum qualifications of 34 OA No. 2050/2020 a Degree B.V. Sc. & A.H. with registration in the Veterinary Council of India is required.
5. The Non-Practising Allowance will be treated as pay for the purpose of computing Dearness Allowance, entitlement of Travelling Allowance and other allowances as well as for calculation of retirement benefits.
56. Further, looking to last pay certificate in Annexure A/15, dated 11/05/2015, clearly discloses that applicant was getting NPA at the rate of 25%. The aforesaid documents clearly shows that in pursuance of Office Memorandum issued by the Government of India, Ministry of Finance, Department of Expenditure time to time, the applicant was extended the benefit of NPA and which was treated as a pay.
57. In the present case, on the basis of arguments advanced by the Learned Counsel for the parties and more specifically, taking into account the impugned orders and stand taken by the official respondents, by which it is contended that since after transfer, the applicant was posted and accommodated on the post of CAT-III, Field and Farm Technician (Plant Protection) under KVK, CICR Nagpur, which is not the clinical post and, Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01 therefore, in terms of OM dated 07/07/2017 in Annexure A/19, +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 applicant is not entitled to receive the non-practicing allowance. 35 OA No. 2050/2020 However, it is not in dispute that even after posting with respondent No. 4, the applicant was getting the benefit of NPA up to April 2018.
58. The right to receive NPA was accrued to the applicant on the basis of initial appointment as a Veterinary doctor on the substantive post of Farm Manager, which was renamed as Technical Officer in T-6 grade and further applicant was promoted to Senior Post of Technical Officer and Chief Technical Officer till the transfer from National Research Centre, YAK, Dirang, West Kameng, District Arunachal Pradesh to posting with respondent No. 4.
59. Therefore, there is no dispute that applicant was occupying the post, which is a veterinary and clinical post. Although through reply and argument, the learned counsel for the respondents tried to emphasize that there is no order or entry in service book on the basis of which it can be said that by which the order granting NPA was issued in favour of the applicant. However, by filing the additional reply, additional rejoinder, applicant has placed on record the relevant extract of the service Digitally signed by VIJAY VIJAY KUMAR VERMA Location: KUMAR Date: 2025.10.17 17:20:01 book at page 203, which recorded in respect of NPA since +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 04/05/1995.36 OA No. 2050/2020
60. The aforesaid document is an official communication along with letter dated 19/05/2023, annexure A/34, copy of which was endorsed to the applicant. In view of the aforesaid communication dated 19/05/2023 and extract of service book, the stand and contention raised by the respondents is not tenable.
61. Now, the only question requires consideration by this Tribunal is whether in view of office memorandum dated 07/07/2017, the impugned order and action of the respondents in stopping the NPA is legal and proper or not?
62. To appreciate the aforesaid point, it is necessary to reproduce relevant paragraph 3 of office memorandum dated 07/07/2017.
3. Accordingly, the President is pleased to decide that in modification of the existing rates of NPA as contained in the aforesaid OM dated 30.8.2008, the NPA shall now be paid at the rate of 20% of the basic pay in revised pay structure in vogue based on the recommendations of the 7th Central Pay Commission, as contained in the CCS(RP) Rules, 2016, subject to the condition that the sum of basic pay and NPA does not exceed Rs. 2,37,500 (Rupees two lakh thirty seven thousand and five hundred only). The VIJAY KUMAR Digitally signed by VIJAY KUMAR VERMA Location: Date: 2025.10.17 17:20:01 following conditions shall regulate the grant of NPA under these orders:
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(i) The term "basic pay" in the revised pay structure shall mean "basic pay" as defined in Rule 3(x) of CCS(RP) Rules, 2016, i.e., "basic pay" in revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix.
(ii) The NPA shall continue to be treated as pay for the purpose of computation of Dearness Allowance and other allowances, except those allowances in respect of which the applicable orders provide otherwise, including calculation of retirement benefits. Dearness Allowance under these orders shall mean dearness allowance as sanctioned by the Central Government from time to time in the 7th Pay Commission-related pay structure.
(iii) NPA shall continue to be restricted to those medical posts for which medical qualifications recognised under the Indian Medical Council Act, 1956 or under the Dentist Act, 1948 have been prescribed as an essential qualification. The following conditions shall also be fulfilled DD as hitherto:-
(A) The post is a clinical one.
(B) The post is a whole time post
(C) There is ample scope for private practice, and
(D) It is necessary to prohibit private practice in
public interest.
63. Looking to the aforesaid, it is clear that said office Memorandum is only in respect of revision of rate of pay. By way of this office memorandum, the rate is prescribed 20% of basic pay in the revised pay structure in CCS (RP) Rules 2016. So far Digitally signed by VIJAY VIJAY KUMAR VERMA Location: as clinical post is concerned, the applicant has placed on record KUMAR Date: 2025.10.17 17:20:01 +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 the annual confidential reports and work and the work which he 38 OA No. 2050/2020 is discharging, which according to the applicant is clinical work. There is no dispute about the qualification of the applicant for holding the clinical post. Therefore, once the applicant was extended the benefit of NPA in terms of CCS (RP) Rules 1997, based upon the office memorandum issued by the government of India time to time. Therefore, merely on the basis of accommodation and adjustment, with respondent No. 4 on the post of category-III, Field/Farm Technician (Plant Protection). The right which was accrued to the applicant and treated part of the pay cannot be curtailed and denied.
64. At this stage, it is relevant here to take note of the paragraph 12 or 13 of judgment of the Hon'ble Supreme Court in case of Yogendra Srivastava (Supra) which reads as under:
''12. The Rules made under Article 309 of the Constitution clearly provided that the employees concerned (medical officers) were entitled to NPA " 25% of pay, in addition to the pay in the pay scale. In fact, it formed part of the pay scale. Consequently, whatever was the basic pay, 25% thereof had to be paid as NPA. Whenever the benefit of increments in the pay scale, or revision in pay scale were extended, NPA also got correspondingly increased so that NPA always remained as one-fourth of the basic pay. This Digitally signed by VIJAY is the interpretation that has been put forth by the Tribunal VIJAY and upheld by the High Court and we find no reason to KUMAR VERMA Location:
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interfere with the same.
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13. The contention that the executive orders issued from time to time or the appointment letters issued in accordance with such executive orders will prevail over the Rules cannot be accepted. When there is conflict between the statutory rules and the executive orders, the statutory rules will prevail (see K. Dayanandalal v. State Kerala, T.N. Housing Board v. N. Balasubramaniun, State of Karnataka v. KGSD Canteen Employee's Welfare a Assn. and Punjab National Bank v. Astamija Dash). Executive orders cannot be made or given effect in violation of what is mandated by the Rules. If appointment letters provided for payment of NPA which is not in consonance with the Rules, they can be corrected or set right by the tribunals/courts.''
65. Para 9 and 10 of Sabina's (supra) case which are relevant are reproduced hereinbelow:
9. The learned counsel for the respondents have not been able to invite the attention of this court to any material permitting such a discriminatory treatment to be meted out only to the employees of the KVKs coming within the aegis of the AAU, Jorhat to the exclusion of all others. On the contrary, it appears that the impugned action was initiated purely on the basis of a complaint lodged by the President of the Hindu Yuvo Chatra Parishad, Asom, who does not have any nexus with the operation of the KVKs. Therefore, it is evident that the impugned order dated 2.5.2022 issued by the ICAR was based on wholly extraneous consideration and, therefore, the same cannot sustain the scrutiny of law. Once the respondents had permitted the petitioners to draw a particular pay scale along with allowances applicable therein and the amounts have been disbursed to them from time-to-time over several years, the same could have been abruptly stopped VIJAY KUMAR Digitally signed by VIJAY KUMAR VERMA Location: Date: 2025.10.17 17:20:01 by the ICAR authorities by issuing the impugned communication dated 2.5.2022 without any justifiable +05'30' VERMA Foxit PDF Reader Version:
2025.2.1 ground.40 OA No. 2050/2020
10. As has been noted herein above, no legal justification is available before this court to sustain the impugned order dated 2.5.2022. Consequently, both the writ petitions succeed and are hereby allowed. The impugned order dated 2.5.2022 is hereby set aside.
66. So far as the judgment relied upon by the learned Counsel for the respondent is concerned, in case of Bridges and Roofs Company Limited (Supra), the question before the Hon'ble Supreme Court was as under:
''The short question raised in this writ petition under Article 32 of the Constitution is whether production bonus is included within the term ''basic wage'' as defined in Section 2(b) of the Employee's, Provident Funds Act, 19 of 1952, (hereinafter referred to as the Act). Writ Petition 64 of 1962 (Jay Engineering Works Limited v. Union of India) was heard along with this petition. In that writ petition a further question arose as to the nature of the production bonus scheme in force in that company and parties have been given time to file additional affidavits in that connection.
What we say therefore in the present case as to production bonus generally may not be taken necessarily to apply to the particular scheme in the case of Writ Petition No. 64 of 1962.''
67. On that context, the Hon'ble Supreme Court was pleased VIJAY KUMAR Digitally signed by VIJAY KUMAR VERMA Location: Date: 2025.10.17 17:20:01 to observe and held in Para 12 of the judgement which reads as +05'30' VERMA Foxit PDF Reader Version:
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"The production bonus in the present case is a typical production bonus scheme of this kind and whatever therefore is earned as production bonus is payable beyond a base or standard and it cannot form part of the definition of ''basic wages'' in Section 2 (b) because of the exception of all kinds of bonus from that definition. We are, therefore, of opinion that production bonus of this type is excluded from the definition of ''basic wages'' in Section 2(b) and therefore the decision of the Central Government which was presumably under Section 19 A. of the Act to remove the difficulty arising out of giving effect to the provisions of the Act, by which such a bonus has been included in the definition of ''basic wages'' is incorrect. In view of this decision, it is unnecessary to consider the effect of Article 14 in the present case.''
68. Once on the basis of the office memorandum issued by the government of India in pursuance of central civil services rules which are statutory in nature then the contention of the respondent that NPA is in nature of incentive is not tenable.
69. In the facts and circumstances of the case, the reliance placed by the learned counsel for respondents on the judgment of Bricks and Roof Company Limited (supra) is not helpful to the respondents.
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70. Further in the case of Balkrishna Sharma (supra), the issue was in respect of time bound promotion scheme/increment, therefore also said judgment is also not helpful to the respondents.
71. Further in the case of Bheem Singh Behera (supra), there was challenge to the OM dated 07/07/2017 at the instance of said applicant and order passed by the authority based upon the aforesaid OM. In the said case, the applicant was holding the substantive post of Senior Scientific Officer (Medicine) and the duties and functions of CSTT is to evolve and define scientific and technical terms in Hindi and other modern Indian languages and publish technical dictionaries/glossaries, definitional dictionaries and encyclopaedias. Further, the said applicant acquired Ph.D. (Ayu.) educational qualification after joining the service in CSTT. On this factual position, the aforesaid O.A. was dismissed. However, in the present case, the applicant is possessing the requisite educational qualification in respect of veterinary clinical post and in fact was being paid NPA up to April, 2018 for about 23 years. Accordingly, the aforesaid Digitally signed by VIJAY VIJAY judgement is not applicable in the facts and circumstances of KUMAR VERMA Location:
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72. Further, in the present case, applicant is not challenging or raising any grievance in respect of OM dated 07/07/2017 by which the rate is revised to the extent of NPA to the extent of 20 percent and in fact, submits that he is fulfilling all the conditions of OM dated 07/07/2017 and therefore, under the garb of the aforesaid OM, stopping of the NPA is colourable exercise of powers.
73. Once the benefit of NPA has been extended to the applicant as per the rules and in terms of OM issued time to time, then same cannot be curtailed or denied. Thus, in view of the aforesaid discussion, impugned orders are liable to be quashed and set aside and accordingly are hereby quashed and set aside. Therefore, the respondents are directed to consider and calculate the amount of NPA in terms of OM dated 07/07/2017 and extend the benefits in terms of OM dated 07/07/2017 within a period of 90 days from the date of the receipt of the certified copy of this Order.
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74. With the aforesaid directions the Original Application is allowed to the extent the direction given above. No order as to costs. Pending M.A., if any, stands disposed of.
(Umesh Gajankush)
Member (J)
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