Central Administrative Tribunal - Ernakulam
Dr.S.Edison vs The Indian Council Of Agricultural ... on 17 August, 2015
Author: P.Gopinath
Bench: P.Gopinath
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Applicaton No.1194/2012
Monday this the 17th day of August 2015
CORAM:
HON'BLE Mr.JUSTICE N.K.BALAKRISHNAN, JUDICIAL MEMBER
HON'BLE Mrs.P.GOPINATH, ADMINISTRATIVE MEMBER
Dr.S.Edison,
S/o.U.Siva Subramaniam,
Former Director, Central Tuber Crops Research Institute,
Sreekariyam P.O., Thiruvananthapuram - 695 017.
Residing at TC No.2/3512, Chandra Saras, Palm Drive No.15,
Pattom P.O., Thiruvananthapuram - 695 004. . . . .Applicant
(By Advocate Mr.R.Sreeraj)
Versus
1. The Indian Council of Agricultural Research
through its Secretary, Krishi Bhavan, New Delhi 110 114.
2. The Director General,
Indian Council of Agricultural Research,
Krishi Bhavan, New Delhi 110 114.
3. The Director (Personnel),
Indian Council of Agricultural Research,
Krishi Bhavan, New Delhi 110 114. . . . Respondents
(By Advocate Mr.P.Santhosh Kumar)
This application having been heard on 20th July 2015 this Tribunal on
17th August 2015 delivered the following :
ORDER
HON'BLE Mrs.P.GOPINATH, ADMINISTRATIVE MEMBER The applicant is the former Director of Central Tuber Crops Research Institute, Sreekariyam, Thiruvananthapuram, an institute under the Indian Council of Agricultural Research, New Delhi. The applicant approaches this Tribunal for extension of the benefits of the final orders of this Tribunal to the non applicants who are identically situated. The case of the applicant is that the ICAR through its Office Order F.No.8-3/99-Per.IV dated 18th July 2001 (Annexure A-2) clarified that the duties and responsibilities of the Research Management Positions viz. ADGs, Directors, Project Directors, Joint Directors of deemed universities etc are higher than that of Principal Scientists irrespective of pay scales being identical. It is specifically averred by the applicant that from the year 1980 when he became Joint Director (Scientist S-3) till his retirement, no pay fixation benefits were extended to him and that the scales of pay of Scientist S-3 and S-4 and Principal Scientist/Project Coordinator/Director are having the same pay structure. He further submits that the Hyderabad Bench of this Tribunal in O.A.No.1083/2000 allowed a similar relief vide order dated 15.10.2001. That order was confirmed by both Hon'ble High Court of Andhra Pradesh and the Hon'ble Supreme Court.
2. Applicant further submits that as per the UGC pay scales and promotion scheme adopted by ICAR with the approval of Ministry of Finance with effect from 1.1.1986, incentive of three advance increments was admissible to Scientists joining at entry level in Grade S-I with Ph.D. After revision of pay scales with effect from 1.1.1996 the Career Advancement Scheme was also revised effective from 27.7.1998. The number of increments admissible to those joining with Ph.D at S-1 level was enhanced from 3 to 4. In this package which was effective from 27.7.1998, an incentive of two advance increments was given to those acquiring Ph.D while in service. Initially a view was taken that this incentive of two advanced increments for acquiring Ph.D while in service was admissible provided Ph.D was not an essential qualification for the post held by the Scientist on 22.7.1998. However, subsequently taking into account all relevant factors a conscious decision was taken with the approval of the Ministry of Finance that all scientists (including Senior Scientists, Principal Scientists and RMPs) who acquired Ph.D during service before or after 27.7.1998 may be given benefit of two advance increments. It was admissible to those who were in ICAR service as on 27.7.1998 and the financial benefit was to be given with effect from 27.7.1998. Applicant states that this issue is also covered by the decision of this Tribunal in O.A.No.280/2005 dated 8.8.2007 filed by Dr.Sasikumar and confirmed by the Hon'ble High Court of Kerala. Therefore, he submits that he was entitled to get two additional increments on account of the Ph.D qualification possessed by him while entering the services of ICAR. Aggrieved by the inaction on the part of the respondents to extend the benefits of the final orders to the applicant, he has filed this O.A seeking the following reliefs :
1. To quash Annexure A-8 and A-9 and to direct the respondents to re-
consider the case of the applicant for fixation benefits on the basis of Annexure A-2 letter read with FR 22 (1) (a) (i) as well as for grant of additional increments on the basis of Annexure A-10 letter by extending him the benefit of the order of this Hon'ble Tribunal in Dr.Ayyagiri's case as well as in Dr.Sasikumar's case, and to grant him such benefits with arrears and consequential benefits like revision of pension and arrears of pension etc.
2. Such other relief as may be prayed for and this Tribunal may deem fit to grant.
3. Grant the cost of this Original Application.
3. Respondents in their reply state that benefits granted to similarly placed persons like Dr.Ayyagiri and Dr.B Sashi Kumar were on the basis of the judgments of Hon'ble Supreme Court and Hon'ble High Courts in their respective cases. Therefore, the benefits of the judgments were not extended to others as the benefits has been extended in persona. They state that the Indian Council of Agricultural Research (ICAR for short) is an autonomous organization under the Department of Agricultural Research and Education, Ministry of Agriculture mandated to conduct agricultural research and education in the country for which they formed scientific services, viz. Agricultural Research Service and Research Management Positions on 1.10.1975 and 1.4.1976 respectively. Prior to 1.1.1986 the Scientists of ICAR were governed by the central pay scales and the flexible complementing scheme. The basic features of the flexible complementing scheme was to assess the Scientist after every 5 years for promotion to next higher grade. The entry level qualification for grade S-1 (Rs.700-1300) was a Master's Degree and there was no provision to grant advance increments to those who joined as S-1 with Ph.D degrees. The ICAR adopted the UGC pay package and the Career Advancement Scheme for Scientists with effect from 1.1.1986 following recommendation of the 6 th Pay Commission replacing the old scheme with UGC Scheme. In the UGC Scheme there was an inbuilt provision for grant of 3 advance increments to those who joined the ICAR service as S-1 with Ph.D degree. There was also a relaxation in the residency period of 3 years for promotion to the next higher grade for those who joined the ICAR service with Ph.D degree. Following the recommendations of the 6 th Pay Commission while the revised pay scales were made effective from 1.1.1996, the revised CAS was put into operation with effect from 27.7.1998, which has the following inbuilt provision for grant of incentive of advance increments for Ph.D/M.Phil :
1. Four and two advance increments will be admissible to those who hold Ph.D and M.Phil degrees respectively at the time of recruitment as Scientist.
2. One increment will be admissible to those Scientists with M.Phil degree, who acquire Ph.D within two years of recruitment.
3. A Scientist with Ph.D will be eligible for two advance increments when he moves into Selection Grade as Sr.Scientist.
4. A Scientist will be eligible for two advance increments as and when he acquires Ph.D degree in his service career.
4. All the Scientists who joined the ARS service with Ph.D degree in the grade of Rs.8000-13500/- were to be given the incentive of four advance increments for joining the service with Ph.D degree. After the reorganisation of the ICAR with the approval of the Cabinet, two services viz, Agricultural Service and Research Management Positions were introduced. The Directors of the Institutes are coming under Research Management Positions. As per the ARS Rules framed by the ICAR, these positions were ordinarily to be filled by advertisement and selection on a tenure of 5 years subject to renewal by another term not exceeding 5 years. The applicant was appointed as Junior Plant Pathologist in November, 1974 at SBI, Coimbatore which was the Institute under the ICAR. He was appointed as Project Coordinator (Spices) at NRC with effect from March, 1984 on tenure basis for a period of 5 years, extended for another tenure of 5 years. The post of Director, CTCRI, Trivandrum was advertised on all India basis inviting applications of all eligible candidates having the requisite qualification and experience. The applicant was one of the contestants for the post and he was selected to the post through an open competition. The post of Director is not in line of promotion as the post is filled only through direct recruitment on tenure basis. He was offered the post of Director, CTCRI, Trivandrum vide Annexure R-1 (a) memo dated 11.6.1997. As per the terms and conditions, his appointment is on tenure basis for a period of 5 years. The Government of India rule under FR 22(1)
(a)(1) clearly stipulates that if a Government servant is appointed subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules to a tenure post on a time scale identical with that of another tenure post which he has previously held on regular basis, then the initial pay shall not, except in cases of reversion to parent cadre governed by proviso (1) (iii), be less than the pay, other than special pay, personal pay or any other emoluments which may be classified as pay by the President under Rule 9(21)(a)(iii) which he drew, that pay on a regular basis on such last and any previous occasions for increment in the stage of the time scales equivalent to that pay. The applicant was drawing the pay as was eligible to be drawn as per the above provisions in the rules. The pay fixation under FR 22 (1)(a)(1) is specifically for promotion or appointment on regular basis to a higher post and not applicable to appointments on tenurial basis. With regard to the averments of the applicant that he commenced his services as Scientific Pool Officer of CSIR in Junio Class 1 grade and on his promotion as Scientist S-1, he joined SBI Coimbatore on 22.11.1974, the respondents submit that the applicant joined the ICAR as Junior Plant Pathologist with effect from November, 1974 and he was promoted as Plant Pathologist. He was appointed as Project Coordinator (Spices) at NRC on Spices with effect from 1984 on tenure basis. Further, FR 22 (1) (a) (1) clearly provides that the rule has to be invoked where a Government servant is promoted or appointed on regular basis to a higher post and not applicable for appointment to a tenure post on a time scale identical with that of another tenure post which he has previously held on regular basis. The procedure to be followed on appointment to a higher post on a tenure basis has also been provided under the proviso FR 22 (1) (a) (1) which states as under :
' If a Government servant is appointed subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules to a tenure post on a time scale identical with that of another tenure post which he has previously held on regular basis; then the initial pay shall not, except in cases of reversion to parent cadre governed by proviso (1)
(iii), be less than the pay, other than special pay, personal pay or any other emoluments which may be classified as pay by the President under Rule 9 (21) (a) (iii) which he drew on the last occasion, and he shall count the period during which he drew that pay on a regular basis on such last and any previous occasions for increment in the stage of the time scale equivalent to that pay.'
5. Respondents therefore state that the applicant is not entitled to the grant of incentive of any advance increments for want of any provision in the Scheme which was in force at the time he joined the ICAR service ie. on 22.11.1974. Further since the ICAR adopted the UGC pay and the Career Advancement Scheme for Scientists with effect from 1.1.1986 and as the applicant has joined prior to 1.1.1986 he was not eligible for grant of incentive of any advance increments for want of any provisions in the Scheme for those who have joined the ICAR service with Ph.D degree prior to 1.1.1986 but he was given relaxation in the residency period of 3 years in his promotion to the next higher grade on account of his joining in the ICAR service with Ph.D degree.
6. Heard the learned counsel appearing for both the parties and also perused the written submissions made. Applicant joined CSIR on 23.10.1973 as a Scientific Pool Officer when the Scientists were governed by Central Pay Scales and Flexible Complementing Scheme and entry qualification was Master's Degree. There was no provision to grant advance increments to those who joined as S-1 with Ph.D degree. With effect from 1.1.1986 ICAR adopted the UGC pay package and the Career Advancement Scheme (CAS) for Scientists. In the Scheme there was an inbuilt provision for grant of 3 advance increments to those who joined ICAR service as S-1 with Ph.D degree.
7. Consequent to the 5th Pay Commission recommendations revised CAS was put into operation with effect from 27.7.1998 with the proviso that four increments will be admissible to those who held Ph.D degree at the time of recruitment as Scientist. The case of Dr. Sasi Kumar filed before this Tribunal in O.A.No.280/2005 is similar as he was a pre 1.1.1986 recruitee being appointed as a Scientist in 29.4.1985 and possessed a Ph.D degree prior to his initial appointment like the applicant. This Tribunal in the above case clearly stated that there is no mention anywhere in the scheme of Career Advancement that the provisions therein are applicable only to Scientists appointed after 1.1.1996 or that the scheme would be effected to the disadvantage of earlier Scientists. The intention of the Scheme was to give the benefit of encouragement to those who already have a Ph.D degree and as an incentive to others who do not have to acquire a Ph.D degree. The applicant is therefore also entitled to the benefit given to Sasi Kumar ie. grant of four increments for possessing Ph.D degree prior to his appointment as a Scientific Pool Officer and the benefits of two more advance increments effective from 27.7.1998 and to grant the applicant the above benefits and consequential arrears within a period of four months from the date of receipt of a copy of this order. This order is subject to the final outcome of Dr.B.Sashi Kumar's case pending before the Hon'ble Supreme Court. O.A is allowed accordingly. No order as to costs.
(Dated this the 17th day of August 2015)
P.GOPINATH JUSTICE N.K.BALAKRISHNAN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
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