Central Administrative Tribunal - Delhi
M.R. Tyagi S/O Late Sh. Ravi Datt Tyagi vs Council Of Scientific And Industrial ... on 27 February, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA No.1273 of 2012 New Delhi, this the 27th day of February, 2014 HONBLE SHRI G. GEORGE PARACKEN, MEMBER (J) HONBLE SHRI SHEKHAR AGARWAL, MEMBER (A) Navneet Kumar Sharma (N.K. Sharma) S/o Late O.P. Sharma, aged about 64 years at present resident of EA-123, First Floor, Inderpuri, New Delhi-110012, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. S.K. Rastogi S/o late Shri K.K. Rastogi, aged about 64 years at present resident of BB/49D, Janakpuri, New Delhi-110058, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. C.S. Gupta S/o Sh. Harbans Lal, aged about 64 years at present resident of GH-13/887, Paschin Vihar, New Delhi-110087, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Sujit Kumar Halder S/o Late Sh. Krishnapada Halder, aged about 64 years at present resident of 19, NPL Apartments, H-3 Block, Vikashpur, New Delhi-110018, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Ramadhar Singh S/o Late Sh. Ram Kailash Singh, aged about 64 years at present resident of 42, NPL Apartments, Vikashpuri, New Delhi-110018, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Raj Singh Dabas S/o late Sh. Shibdhan Singh, aged about 64 years at present resident of 15 NPL Apartments, Vkash Puri, New Delhi-110018, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Vijay Trimbak Chitnis S/o late Shri T.N. Chitnis, aged about 64 years at present resident of A-403, Krishan Kunj, Plot No.19, Pocket-6, Nasirpur Road, Dwarka, New Delhi-110045, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. S.S. Solanki S/o Ch. Chander Bhan, aged about 63 years at present resident of A-29, Sector 19, Dwarka, New Delhi-110075, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. A.B. Singh S/o Late Sh. Niranjan Singh, aged about 63 years at present resident of A-4, Shanti Apartment, Sector-13, Rohini, Delhi-110085 retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Prakip Banerjee S/o Late Sh. Birendra Kishore Banerjee, aged about 63 years at present resident of D-681, FF, Chittaranjan Park, New Delhi-110019, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Sukhmal Chand Jain S/o late Prem Chand Jain, aged about 63 years at present resident of 67, NPL Apartment, H3 Block, Vikash Puri, New Delhi-110018, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Prafulla Chandra Kothari S/o Duleh Sinha Kothari, aged about 64 years at present resident of Flat No.103-104, Lahar Apartment 102 Bhupalpura, Udaipur-313001 (Rajasthan), and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. K.S. Jauhri S/o B.N. Jauhri, aged about 71 years at present resident of 19/1 Teg Bahadur Road-I, Dehradun-248001, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Uma Shanker (DR) S/o Late Sh. L.P. Singh, aged about 70 years at present resident of H. NO.674/623 Anand Vihar, Block I, Dharampur Dehradun-248001 (UK) and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Omkar Nath Anand S/o Late Sh. S.P. Anand, aged about 70 years at present resident of 66, Rajpur Road, Dehradun-248001 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Mohd Anwar S/o late Mohd. Suleman, aged about 70 years at present resident of 199, Model Colony, Archar Haridwar Road, Dehradun-248001 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Satya Prakash Verma S/o Suraj Prasad Verma, aged about 69 years at present resident of 81 NPL apartments, H-3 Block, Vikaspur, New Delhi-110018 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. S. Mohan S/o C. Velayudha menon, aged about 69 years present resident of Menonlalamsil House 2/110, Parkview Road N. Paqur, Ernakulam, Dist Kerala-683513 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Ashok Kumar Gupta S/o Sh. S.D. Gupta, aged about 68 years at present resident of Flat No.3, Millennium Apartments Plot No.E-10A, Sector 61, Noida-201301, Uttar Pradesh and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Man Mohan Kumar s/o late Sh. H.C. Nagalia, aged about 68 years at present resident of Prem Sadan, 37/1- Raja Road, Dehradun 248001 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. H.K. Madan s/o Late Sh. Vishwa Nath Madan, aged about 68 years at present resident of 19/37, E.C. Road, Dehradun-248001, (Uttrakhand) and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. A. C. Gupta S/o Late Sh. S. L. Gupta, aged about 67 years at present resident of 18/B, Pocket C MIG DDA Flat, Ashok Vihar, Phase III, Delhi-110052 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. K.M. Agrawal S/o Sh. Basheshwar Nath Vaish, aged about 67 years at present resident of 27, Gircular Road, Dalanwala, Dehradun-248001 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. O.P. Agarwal S/o Late Sh. R.K. Agarwal, agede about 67 years at present resident of Flat NO. 27, Saakshara Apartment, A-3, Pashi Vihar, New Delhi and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Jagmohan Nagpal S/o Late Sh. G.r. Nagpal, aged about 67 years at present resident of 4-Juyal Flats 12-C, New Road, Dehradun-248001 (Uttrakhand) and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Mahendra Pratap Saxena S/o Murli Dhar Saxena, aged about 66 years at present resident of 17, Tegbahadur Road-I, Dehradun-248001 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Asim Kumar Guha S/o Late Sh. Bilshu Kumar Guha, aged about 66 years at present resident of D7/7269 Visant Kunj New Delhi-110070 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. S.N. Sharma S/o Sh. A.R. Sharma, aged about 66 years at present resident of 283, Kangra Niketan, Vikashpur, New Delhi-110018 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. A.K. Gupta S/o Sh. Shiam Lal Gupta, aged about 66 years at present resident of 24/4, Teg Bahadur Road-IV, Dehradun-248001, Uttrakhand, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Indra Deo Singh S/o Late Sh. R.K. Singh, aged about 66 years at present resident of 20-08-03D, Metro City, Paper Mill Compound, Nishant Ganj, Lucknow-226007 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Rakesh Kumar Jain S/o Prakash Chandra Jain, aged about 65 years at present resident of 403, Shantivan GHS-70, Sector 20, Panchkula-134116 (Haryana) and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Sunil Ratan Taneja S/o Sh. Vidya Rattan Taneja, aged about 65 years at present resident of House No.1225, Sector 18 C, Chandigadh-160018 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Suresh Kumar Gupta S/o Sh. Nanak Chand Gupta, aged about 65 years at present resident of House No.108/C-11, Sector-3, Rohini, Delhi-110085 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Shiv Nath Singh s/o Late Sakat Nath, aged about 65 years at present resident of DDA SFS Flats Pocket-2, Sector-11, Dwarka, New Delhi-110075 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Harish Chander s/o Sh. Manohar Lal, aged about 65 years at present resident of House No.29 FF, Gautam Nagar, New Delhi-110049 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. V. Mohanan s/o Late Shri P.K.K. Nair, aged about 65 years at present resident of B-222, Prodhyogiki Apartments, Plot No.11, Sector 3, Dwarka, New Delhi-110078 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Hirday Nath Dutt S/o Late S.N. Dutta, aged about 65 yearsw at present resident of D-2, Poorti Apartments, Vikaspuri, New Delhi-110018 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Rajendra Prasad S/o Sh. P.D. Gakhar, aged about 65 years at present resident of C-89, Mansarover Garden, New Delhi-110015 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Lalji Dixit s/o Late Sh. Ramkishore Dixit, aged about 65 years at present resident of Bank Colony, Ajabpur Kalan, Mothrowala Road, Dehradun, Uttrakhand-248121, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Virender Singh Saini s/o Late Sh. T.N. Saini, aged about 64 years at present resident of 20, Street No.4, Shastri Nagar, Haridwar Road, P.O. Nehrugram, Dehradun-248001, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Nahar Singh Mehla S/o Late Sh. Ram Phal, aged about 63 years at present resident of A-8, CSIO Cooperative Group Housing Society Limited (GH-12), Sector-20, Panchkula (Haryana), and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. S.K. Angra S/o Faqir Chand, aged about 63 years at present resident of House No.315, Sector 46A, Chandigarh-160047, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Vishva priye Giridhar S/o late (Dr.) N.D. Giridhar, aged about 63 years at present resident of House No.213, Tribune-Colony, Baltana (NIC Zirak Pur) Tehsil: Dera-Basi Distt. Mohali-140603 (Punjab), and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Rakesh Kumar Bajpai S/o Sh. Ganga Sahai Bajpai, aged about 63 years at present resident of B-103, Kendriya Vihar, Sector 51, Noida-201303, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Rajan Babu Saxena S/o Late Sh. Kishan Dayal Saxena, aged about 63 years at present resident of 287 Pocket C, Mayure Vihar Phase II, Delhi-110091, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Shree Nath Sharma s/o Late Sh. Mangla Prasad, about 63 years at present resident of 49/1, Teg Bahadur Road-IV, Dehradun-248001 (Uttrakhand), and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. B.K. Ramprasad S/o B. Krishna Iyengar, aged about 63 years at present resident of B-001, Garden Apartment, Vaishali, Sector G, Ghaziabad-201010, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. R.S. Saxena S/o H.S. Saxena, aged about 63 years at present resident of B-26, Inderpuri, New Delhi-110012, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. A.K. Bhatnagar s/o Dr. B.B. Bhatnagar, aged about 63 years at present resident of D-15, Nehru Colony, Dehradun-248001, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Hari Bhagwan Goyal S/o Late Sh. Sita Ram Goyal, aged about 63 years at present resident of 94/390, Anand Vihar, Lane No.7, Dharampur, Dehradun-248001 (Uttrakhand), and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Hayat Ulla Khan S/o Late Abdul Latif Khan, aged about 63 years at present resident of 1-Chakshan Nagar, Vidhan Sabha Road, Defence Colony Dehradun-248001, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. B.K. Sharma S/o late Sh. Gopi Chand Sharma, aged about 62 years at present resident of B.K. Sharma, Flat No.A-2, GH-12, CSIO, Co-operative Housing Society Sector-20, Panchkula-134116 (Haryana), and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Mewa Singh S/o Late Sh. Dharam Singh, aged about 62 years at present resident of House No.2258 Sector 44C, Chandigarh-160047, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Amitabh Basu S/o Late Sh. Mihir Kumar Basu, aged about 61 years present resident of 606 A, Royal Shipra Sun City, Indirapuram, Ghaziabad-201014 (U.P.), and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. M.R. Tyagi s/o Late Sh. Ravi Datt Tyagi, aged about 61 years at present resident of C-5, II Petitioner Colony, P.O. IIP, Dehradun-248005, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Sushil Kumar s/o Sh. Hari Kishan, aged about 60 years at present resident of House No.C-17, Kendriya Vihar, Sector-14, panchkula-134113 (Haryana) and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. A.Garg S/o Sh. L.P. Garg, aged about 62 years at present resident of C-32, Nirala Nagar, Lucknow-2260020 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Jafar Salamal Khan s/o Late Sh. Salamat Ullah Khan, aged about 62 years at present resident of 769, Makhan Singh Block, Asaid Village, August Kranti Marg, New Delhi-110049 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Gurdeep Singh Virdi S/o Sh. Kehar Singh, aged about 63 at present resident of Gali No.3, Ward No.10, College Colony, (Near Balaji Mandir) Amloh Road, Khanna-141401, Ludhiana (Punjab) and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Ram Pratap Gupta s/o Late Sh. D.M. Gupta, aged about 66 at present resident of 14-Sharma, 22 Godam Nandpuri, Jaipur-302009 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Om Narayan Chaddha s/o sh. S.N. Chaddha, aged about 66 years at present resident of Block-H, Flat No.49A, Saket, New Delhi-110017 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Kiran Yeshwant Kavathekar S/o Dr. Y.T. Kavathekar, aged about 60 years at present resident of 51, Raja Enclave, Road No. 44, Pitampura, Delhi-110034 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. amesh Kumar Verma s/o Sh. Madan Lal Verma, aged about 60 years at present resident of 500, Sector-8, Pkt. C-8, Rohini, Delhi-110083 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. S. Visalakhi S/o Sh. G.S. Srinivasan, aged about 62 years at present resident of C-204, Rosewood Apartment, Mayur Vihar, Phase-I Extension, Delhi-110092 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Manjit Singh S/o Late Sh. S. Sardar Singh, aged about 63 years at present resident of H.No.620, New Adarsh Nagar, Roorkee-247667, Uttrakhand and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Bhim Sen Gupta s/o Sh. Ugra Sen Gupta, aged about 64 years at present resident of 54-Civil Lines, Roorkee, Uttrakhand, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Narendra Kumar Shangari S/o Sh. Ram Krishna Shangari, aged about 64 years at present resident of Peepal Chhaya, 409-Awasvikas Colony, Roorkee-247667, Uttrakhand and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. T.L. Dhami s/o Late Sh. Balwant Rai, aged about 60 years at present resident of Flat No.58, NPL Appts., Vikaspuri, New Delhi-110018 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. C.S. Prasanna Kumar S/o Sh. G.S. Srinivasan, aged about 65 years at present resident of A-203, K Brigade Courtyar HMT road Jalahalli, Banglore-560013, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Kamalasanan Modeeparampil Narayanan S/o Late Shri M.K. Narayanan, aged about 61 years at present resident of A-301, Krishan Kunj Apts., Phase-I, Pocket-6, Nasirpur, Dwarka, New Delhi-110045 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Ashok Kumar Gupta S/o Sh. Om Prakash, aged about 62 years at present resident of House # 109, 7 Civil Lines, Roorkee, Uttrakhand and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. S.K. Sarkar S/o Late Sh. D.M. Sarkar, aged about 66 years at present resident of 40/51, C.R. Park, New Delhi-110019 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. V.R. Singh, s/o Late Sh. Nathi Singh aged about 65 years at present resident of Flat No.35-B, Siddhartha Extension, New Delhi-110014 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. R. Bhattacharya S/o Late Sh. B.R. Bhattacharya, aged about 68 years at present resident of 235, Dakshinagar, Dwarka, Sector-4, New Delhi-110078 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Mrs. Suhasini Agnihotry W/o Sh. Avinash Agnihotry, aged about 66 years at present resident of D-7289, Sector-D, Pocket-7, Vasant Kunj, New Delhi-110070 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Hari Kishan S/o Late Sh. Udmi Chand, aged about 62 years at present resident of 27, Rama Krishna Apartments, Plot No.10, Sector-9, Rohini, Delhi-110085 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Omkar Sharma s/o late Sh. Sat Prakashar, aged about 59 years at present resident of Flat No.2, NPL Apartments Vikas Puri, New Delhi-110018 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Sohan Lal Jain (S.L. Jain) S/o Late Sh. P.K. Jain, aged about 65 years at present resident of 1104, Joy Apartments, Sector-2, Plot-2, Dwarka, New Delhi-110075 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Basudeo Prasad s/o Late Sh. J. Pandit, aged about 65 years at present resident of H.No.870, Sector-16, Panchkula-134109, Haryana-110017 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Gautam Mitra S/o late Sh. Rabindranath Mitra, aged about 65 years at present resident of 2029/2, Housing Boarh Flats, Sector-47, Chandigarh-160047 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Suresh Chand Jain s/o late Sh. Prem Chand Jain, aged about 64 years at present resident of House No.1450 Sector-15, Panchkula, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Ramesh Chander Arora s/o Sh. Late Ram Piara Lal Arora, aged about 61 years at present resident of 5468/2, Modern Housing Complex, Mainmajra, Chandigarh-160101, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. M.B. Goswami S/o Late N.B. Goswami, aged about 62 years at present resident of 34, NPL Apartments, H-3 Block, Vikaspuri, New Delhi-110018, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. D.R. Sharma s/o Late Sh. S.C. Sharma, aged about 61 years at present resident of Flat-4, NPL Apartment, H-3 Block, Vikaspuri, New Delhi-110018, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. T.K. Mukherjee S/o Dr. S.C. Mukherjee, aged about 62 years at present resident of 76, SRM Apartments, 106, I.P. Extension, Delhi-110092, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. K.K. Kakkar S/o Late Sh. H.C. Kakkar, aged about 62 years at present resident of A-1, Banda Bahadur Apartments 11/1, Sector 14, Rohini, Delhi-110058, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Dr. V.K. Dube s/o Sh. Baleshwar Dube, aged about 62 years at present resident of Sanskar Bhagat Singh Civil Pitani-333031, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Bibhash Rajan Chakraborty s/o Late Shri H.K. Chakrborty, aged about 62 years at present resident of 38, NPL Apartments, H3-Block, Vikaspuri, New Delhi-110018, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Surendra Singh Verma S/o Sh. M.L. Verma, aged about 62 years at present resident of C-1/93, Janakpuri, New Delhi-110058, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Bansi Dhar Malhotra s/o Sh. Bhim Sain Malhotra, aged about 62 years at present resident of Pocket 992, Flat 4C, Durgiyana Apartment, Vikaspuri, New Delhi-110018, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. S.C. Dhawan S/o Sh. D.D. Dhawan, aged about 62 years at present resident of J-1/162, Rajowri Garden New Delhi-110027, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Hari Krishen Pir S/o Sham Lal Pir, aged about 61 years at present resident of B-85, Chetak Apartment, Plot No.27/2, Sector-9, Rohini, Delhi-110085, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. S.R. Gupta s/o Late Sh. Banarsi Das, aged about 61 years present resident of EA-168, Indra Puri, New Delhi-110012 and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Dr. R.P. Singhal s/o Sh. B.N. Bansal, aged about 64 years at present resident of 90 Savita Vihar Vikas Marg, Delhi-110092, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Dr. Parmeshwar Banerjee S/o Sh. Janaki Pat Banerjee aged about 63 years at present resident of A-701, Krishna Kunj Apartment, Nasipur, Dwarka, New Delhi-110045, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Dr. Brijesh Chander Kashyap S/o Sh. Om Prakash Kashyap, aged about 63 years, at present resident of 4-33, Green Park Main, New Delhi-110016, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. Dr. H.R. Bhojwani S/o Sh. Ramchand J. Bhojwani aged about 71 years at present resident of C-150, Sarvodaya Enclave, New Delhi-110017, and retired as Scientist G/Group IV (6) from Council of Scientific and Industrial Research (CSIR) a central autonomous body under Department of Scientific and Industrial Research, Ministry of Science and Technology, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001. .Applicants (By Advocate : Shri Gyan Prakash) versus 1. Council of Scientific and Industrial Research (CSIR) Through their Director General, CSIR, Anusandhan Bhawan, 2, Rafi Marg, New Delhi-110001. 2. Union of India through Secretary Department of Scientific and Industrial Research, Ministry of Science and Technology, Govt. of India, Technology Bhawan, Mehrauli Road, New Delhi-110016. .Respondents (By Advocate: Shri Parveen Swaroop) ORDER (ORAL) SHRI G. GEORGE PARACKEN, MEMBER (J) :
The applicants have filed this OA seeking the following reliefs:-
8.1 Allow the original application;
8.2 Direct the respondents to count Special Pay of Rs.2000/- granted to the applicant Scientists before 1.1.2006 and Rs.4000 granted w.e.f. 1.1.2006 for their pension and pensionary benefits as has been granted to Scientists G or its equivalent Scientists in Defence Research & Dev Organisation (DRDO) Ministry of Defence, Department of Space or Department of Atomic Energy. Since Scientist G/Group IV (6) of CSIR and Scientists G of DRDO are having same pay scales, same Special Pay and governed by same Pension Rules and are undertaking Scientific research and development in various fields of national endeavor Scientists in CSIR are also entitled for counting of Special Pay for their pensionary benefits as has been allowed in the case of Scientists G in DRDO. Any official order contrary to counting of Special Pay for pension and pensionary benefits should be set aside keeping in view the orders/directions of Honble Tribunal and Honble Courts. Further any arbitrary or discriminatory treatment to the applicants in matters of fixation of pension will be violative of Article 14 & 16 of the Constitution of India and will be against Rules and law on the subject.
8.3 Direct the respondents to revise PPO of retired applicants/Scientists and pay arrears of pension and pensionary benefits to the applicants after counting of special pay of Rs.2000/- for those who retired before 1.1.2006 & Rs.4000/- to those who retired after 1.1.2006 for their pension and pensionary benefits.
8.4 Direct respondents to produce relevant records on the subject under adjudication.
8.5 Grant any other releifs which Honble Tribunal may deem just & proper keeping in view the facts and circumstances of the case and also that these retired Scientists have served the cause of industrial development of the nation and are in the sunset of their life.
2. The contention of the applicants is that they are similarly placed Scientists as those of DRDO as their pay scales and pensionary benefits etc. are similar. In the case of the later, the Special Pay has been taken into consideration for determining their pension and other terminal benefits. Therefore, they should also be granted the benefit of counting of their Special Pay for the purpose of determining their pension and for other terminal benefits. Otherwise, there would be discrimination among the Scientists who are similarly placed. In this regard, they have relied upon the Orders of the Hyderabad Bench of this Tribunal in OA No.184/2008 (K. Mallikarjuna Rao and others vs. Union of India and another) decided on 29.3.2007, OA No.306/2010 (Mr. C.R. Prasad and others vs. Union of India and others) decided on 7.1.2011 and also OA No.1153/2002 (R.C. Garg vs. Union of India and others) decided by the Co-ordinate Bench of this Tribunal on 14.5.2003. Vide OA No.184/2008 decided by the Hyderabad Bench of this Tribunal (supra), direction was given to the respondents to re-consider the case of the applicants therein and if they were found similarly situated to those of the applicants before the Principal Bench in OA No.1153/2002 (supra), they should also be extended the benefits in the same manner as has been done by the DOS and DAE. In all the three OAs referred to above, the applicants were the Scientists working in the DRDO. The applicant Shri R.C.Garg in OA No.1153/2002 (supra) sought a direction to the respondents to treat the Special Pay of Rs.2000/- per month as part of his pay for the purpose of computation of pension and pensionary benefits. While allowing the aforesaid OA, this Tribunal held that :
6. A reference has been made to the provision of Rule 9 (21) (a) of the Fundamental Rules which reads as follows:
(21) (a) Pay means the amount drawn monthly by a government servant as the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre, and overseas pay, special pay and personal pay; and any other emoluments which may be specially classed is pay by the president.
7. It is seen that the Office Memorandum issued by the respondents dated 3.2.1999 has been issued with the Presidents approval sanctioning special pay to Scientists/Engineers H of an amount of Rs.2000/- per month w.e.f. 1.1.1996. One condition that is mentioned in paragraph (i) of the O.M. is that the grant of Special Pay of Rs.2000 will be after Peer Review. This has been clarified in the subsequent O.M. issued by the respondents dated 12.8.1999 to mean that the special pay will be admissible to all the existing Scientists/Engineers H like applicant without any fresh Peer Review. It is relevant to note that it is only in the later O.M., that it has been clarified in paragraph I (c) that the special pay will not be treated as a part for the purposes like Dearness Allowance, HRA, Pension, etc. Under FR 9 (21) (a) (iii) it is open to the President to grant any other emoluments, including special pay, which may be classed as pay of a government servant. It is further relevant to note that while issuing the O.M. dated 3.2.1999, it has been taken into account in order to attract, retain, inspire and motivate the Scientists/Engineers to give their best contributions for which the special pay was sanctioned to them by the President. In the circumstances, we see merit in the submissions made by the learned counsel for the applicant that the Presidential order cannot be materially altered or modified by any other subordinate authority by way of the clarification issued in the subsequent O.M. dated 12.8.1999. The provisions of FR 9 (21) (a) (ii) does not also exclude the special pay and personal pay as part of pay. In the present case Rs.2000/- was paid to the Scientists/Engineers H in the Department of Space/ISRO in the scale of Rs.18400-22400 w.e.f. 1.1.1996 in lieu of a separate higher pay scale for them, taking into account all the relevant factors mentioned in the O.M. by the President. The purpose why the President had granted the special pay to those Scientists/Engineers is unexceptionable. This has also taken into account the fact that the grades of Scientists/Engineers G had got merged with the earlier higher posts of Scientists/Engineers H as a result of the acceptance of the recommendation of the 5th Central pay Commission by the government and in lieu of a separate higher pay scale. That being the case, we see no reason why the special pay of Rs.2000/- granted to such scientists, like the applicant, should not be taken as part of his pay/emoluments for purposes of pension and retiral benefits also.
8. In the facts and circumstances of the case the O.A. partly succeeds and is allowed as follows:-
Para 1 (c) of the clarificatory O.M. dated 12.8.999 issued by the respondents is quashed and set aside with regard to non-inclusion of the special pay as part of pay for purposes of pension, having regard to the provisions of the earlier O.M. issued by the respondents dated 3.2.1999.
The respondents are accordingly directed to reconsider the matter and take and appropriate decision in the matter of including the grant of special pay of Rs.2000/- p.m. to scientists/Engineers H in the Department of Space/ISRO w.e.f. 1.1.1996 as part of pay, keeping in view the aforesaid observation:
the above action shall be taken within three months from the date of receipt of a copy of this order within intimation to the applicant.
The applicant shall be entitled to the revision of pension, retiral benefits as a result of the above decision, which shall be paid to him expeditiously and in any case within one month thereafter.
No order as to costs.
3. Subsequently, OA Nos.184/2008 (supra), 306/2010 (supra), 1053/2011 (supra), 851/2012 (supra) and 1426/2013 (supra) have been allowed following the aforesaid order in R.C. Gargs case (supra). The contention of the learned counsel for the applicants in this OA is that the aforesaid judgments should be made applicable in their cases also.
4. However, learned counsel for the respondents has submitted that even though the applicants are getting the same pay scale and pensionary benefits as in the case of Scientists in DRDO, they are not similarly placed. While the Scientists of DRDO are employees of the Government of India, the applicants are employees of CSIR, an autonomous body under the Government of India, Department of Scientific and Industrial Research, Ministry of Science and Technology. He has also stated that considering the aforesaid distinction, the Hyderabad Bench of this Tribunal in OA No.880/2011, Mysore Kausalya and others vs. Council of Scientific and Industrial Research and others, decided on 6.2.2013 rejected the claim of the applicants therein for getting the Special Pay counted for the purpose of determining the pension and other terminal benefits. The relevant part of the said judgment reads as under:-
4. All the applicants have retired and their terminal benefits and their pension was fixed without including the special pay drawn by them which was inlieu of a higher scale of pay, that the benefits also extended to the Scientists workings in the Department of Space and Department of Atomic Energy. The Government has not reckoned the special pay for the purpose of determination of the terminal benefits and Scientists of ISRO questioned the validity of the clarification issued by the Ministry of Finance in OA NO. 1153/2002 in a matter on the file of Principal Bench of the Tribunal partly allowed the plea by order dated 14.5.2003 and respondents were directed to reconsider the matter of including the grant of special pay of Rs.2,000/- per month to the Scientists/Engineers 'H' in the Department of Space which are equivalent to Scientist 'G' in the respondent Institute. The Department of Space has implemented the order by treating the special pay as part of pay for the purpose of pensionary benefits with effect from 1.1.1996 and the respondent department ought to have implemented the same in the case of present applicants as well. That certain Scientists approached the Principal Bench of this Tribunal vide OA No. 2733/2003 seeking parity with the Scientists of other department, OA 184/2006 was filed before this Tribunal and order dated 29.3.2007 was passed partly allowing the same. Similarly placed persons who were not parties to the OA 184/2006 have also approached this Tribunal and that OAs were disposed of at the admission stage itself by directing the respondents to reconsider the matter taking into consideration of the decision of the Bench in OA 184/2006 and other OAs of the Principal Bench decision in the case of R.C. Garg vs. Union of India and pass a speaking order.
5. That after disposal of the original application respondents issued letter dated 20.4.2007 to the effect that Department of Expenditure, Ministry of Finance, Department of Space filed Writ Petition No. 1710/2007 before the Hon'ble High Court, New Delhi.
6. That order of Principal Bench of this Tribunal in OA No. 1153/2002 was implemented and W.P. No. 1710/2007 was dismissed by the Hon'ble High Court vide order dated 15.5.2008 on the grounds of unexplainable delay and as well as for the reason that the orders are implemented. (Thus there was no decision on merits). That the respondents in OA No. 184/2006 approached the Hon'ble High Court of A.P. in W.P. No. 267/2008 which was dismissed on 26.9.2008. That writ petition was not dismissed on technical grounds but giving a finding that the special pay can be treated as pay as defined under Rule 9(21) of the Central Civil Services Fundamental Rules and thus held that the Tribunal has not committed any error of jurisdiction and the SLP against the order of the Hon'ble High Court filed before the Hon'ble Supreme Court came to be dismissed on 20.4.2009.
7. Having suffered such orders from all the courts including the Apex Court, the Union of India, Ministry of Defence has issued an order dated 13.5.2009 to the effect that the President has accorded sanction to count the special pay of Rs.2000/- per month granted to the Scientist in the pay scale of Rs. 18,400 22,400 with effect from 1.1.1996 and Rs.4900 to Scientists in Pay Band-4 (Rs.37,400-67,000) with grade pay of Rs.10,000/- with effect from 1.1.2006 for pension and pensionary benefits.
8. When the above benefit was not granted to some Scientists in Group 'G' they approached the Bangalore Bench of this Tribunal by filing OA No. 152/2008 which was allowed on 7.7.2009 at the admission stage directing the respondents to recompute the pension within two months of receipt of the copy of the order. The Bangalore Bench relied on the letter dated 13.5.2009 of the Union of India whereby it was decided on principle that the benefit be passed on all the persons similarly situated. As the above order was not implemented the applicants therein filed OA No. 306/2010 which was allowed and the applicants therein were granted the benefit of revision of pension.
9. The 1st respondent issued circulars to the effect that the special pay and the recruitment and assessment would be in the pattern of the DRDO, the applicants would be entitled to all the benefits that have been granted to the DRDO in its true letter and spirit. Since the same was not extended to some of them, applicants have made representations on 28.1.2010, 30.8.2010, 8.9.2010 and 24.5.2011 but there was no response from the respondents. Applicants 11 to 16 did not submit representation for some reason.
10. Thus the applicants claim that they are entitled for revised pension.
11. Respondents filed a reply contending that Council of Scientific and Industrial Research (in short CSIR) is Society registered under the Societies Registration Act, XXI of 1860, that CSIR has got its own rules and bye-laws, all the decisions of the Government of India do not automatically apply to the employees of CSIR. In case the governing body does not adopt the decision of the Government of India the same are not binding on the CSIR. The Government of India made it clear that the additional financial implications on account of incentive scheme of Rs.2,000/- shall be met by CSIR their own resources, that the salaries and emoluments of the staff of CSIR are met from the funds allotted by the Government of India and for the purpose of special pay it directed that the same shall be paid from the own resources of CSIR labs. CSIR Labs undertake some sponsored projects from outside agencies and they earn some money which is used for the payment of special pay mentioned above and the same is not part and particle of the salary but only an incentive to the Scientists to be paid by the Labs from their own resources.
12. It is also the contention of the respondents that Rule 33 of CCS (Pension)Rules also makes it clear that the emoluments does not include the special pay given to the scientists on this ground it cannot be included as pay eligible for pensionary benefits. The various decisions relied upon by the applicants do not cover the above aspect. The Hon'ble High Court of A.P. in W.P. No. 267/2008 held that since Rule 33 was not initially raised at the primary stage it cannot be allowed to be raised at the writ petition stage and thus the question was left open while dismissing the writ petition. The matter was taken to the Hon'ble Supreme Court by way of SLP in CC 4842/2009 and the Hon'ble Supreme Court held that on the facts of the present case we are not inclined to interfere with the impugned judgment and order. Thus the question of law was kept open. It is clear that the question of law on the subject is still left open and it is not decided by any Tribunal/Court, that OM issued vide F. No. 38/37/08-P&PW(A) dated 2.9.2008 of Department of Pension and Pensioners' Welfare, Ministry of Personnel, Public Grievances & Pensions, Govt. of India has clearly held that special pay cannot be included for pensionary benefits, that like HRA special pay also cannot be added for computing pension.
13. Now the point for consideration is whether there are any grounds for allowing the OA.
14. As revealed from the pleadings the claim of the applicants is that the special pay they have drawn by way of incentive shall be included for the purpose of pension and that various bench of this Tribunal and the Hon'ble High Court of Delhi as well as Hon'ble High Court of A.P. have held that the special pay has to be counted for the purpose of pension and the Government of India has issued such instructions in case of several employees.
15. There is no dispute that in various judgments all the aspects have been covered except the question of applicability of Rule 33 of Pension Rules which was raised before the Hon'ble High Court of A.P. in W.P. No. 267/2008 but was not considered in view of the fact that the same was not raised initially and the Hon'ble Supreme Court while confirming the order of Hon'ble High Court observed that the question of law is left open.
16. Now it has to be decided as to whether Rule 33 of Pension Rules includes special pay for the purpose of computing pension.
17, The above Rule 33 of Pension Rules reads as follows :
33. Emoluments The expression 'emoluments' means basic pay as defined in Rule 9(21)(a)(i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the date of his death and will also include non-practising allowance granted to medical officer in lieu of private practice
18. Thus incentives are not included in the emoluments. Various clarifications have also been issued by the Government of India saying that several kinds of allowance such as nursing allowance, uniform allowance, washing allowance, special pay and qualification pay drawn by nursing personnel working in the Central Government Hospital/Institutions/Hospital run by the Delhi Administration including Municipal Corporation of Delhi and New Delhi Municipal committee and centrally funded autonomous bodies like All India Institute of Medical Sciences, New Delhi, Postgraduate Institute of Medical Education and Research, Chandigarh etc. do not count as 'emoluments' for the purposes of retirement benefits.
19. In the present case there is an additional factor as the incentives were to be paid by the 2nd respondent Institute from its own earning and no funds were allotted by the Govt. of India. This aspect may not be highly relevant. The main question is whether Rule 33 covers special pay for the purpose of computing pension. A reading of Rule 33 would clearly show that the amounts claimed by the applicants like incentive cannot be computed for the purpose of pension and pensionary benefits.
20. The applicants are not anything like low paid Group 'D' employees. They were Scientists of higher grade and were receiving salaries in the pay scale of Rs.18,400 22,000, there is no justification in their craving for amounts like these which they are not entitled as per the rules. Some of the applicants have retired long back, as much as more than five years back and their pension would be enhanced from time to time on account of grant of additional DAs and whenever there is pay revision in future. Viewed from this angle also, I am of the opinion that there is no necessity of giving any favourable interpretation, though in case of several others relief was granted without considering the question of Rule 33 of Pension Rules.
21. In the circumstances I see no merit in this OA and the same is dismissed with no order as to costs.
4. In our considered view, the aforesaid Order passed by the Hyderabad Bench of this Tribunal squarely covers the case of the applicants in this OA and we do not find any justifiable reasons to deviate from it, we do not find any reasons to grant the reliefs sought by them. Accordingly, we dismiss this OA. There shall be no order as to costs.
(SHEKHAR AGARWAL) (G. GEORGE PARACKEN)
MEMBER (A) MEMBER (J)
/ravi/