Central Administrative Tribunal - Kolkata
Dr Laxmidhar Barik vs Asyurveda Central Research Institute on 25 May, 2023
tO ia ee ae 1. OA 665/2023 ' Mpa ffl meee meee CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA
0.A. 350/00665/2023 Date of order: 25.05.2023 Coram: Hon'ble Mr. Jayesh V. Bhairavia, Judicial Member Hon'ble Mr. Suchitto Kumar Das, Administrative Member In the matter of :
Dr. Laxmidhar Barik, son of Late Raghunath Barik, aged about 60 years, by faith-Hindu, by occupation- Service, working as educationally BAMS, MS (Ayurveda) Ph.D in Ayurveda called Ayurveda Doctor Research Officer Ayurveda posted and residing at Central Ayurveda Research Institute (CARI) 4, CN Block, Sector-V, Bidhannagar, Salt Lake, Kolkata-700091 under control of Central Council for Research in Ayurvedic (CCRAS), An Autonomous Institute organization under Ministry of Avush, Govt. of India.
beens Applicant Vs. J. The Union of India, service through the Secretary, Government of India, Ministry of Ayurveda, Yoga Naturopathy, Unani Siddha and Homeopathy (AYUSH), Government of India, New Delhi, Ayush Bhawan, Block B, GPO Complex, New Delhi-110023.
2. Director General, Central Council for Research in Ayurvedic Sciences, (CCRAS) Ministry of Ayush, Government of India, 61-65, Institutional Area Opposite "B" Block, Janakpuri, New Delhi-110058, represented through its Director General of an Autonomous Organisation under Ministry of Avush, Govt. of India.
3. Director, Central Ayurveda Research Insitution (CARI), 4 CN Block, Sector-V, Bidhannagar, Salt Lake, Kolkata-700091 und.-r the Central Council for Researc: in Ayurvedic Science (CCRAS) Ministry of Ayush, Govt. of India.
eveeaeeseanaees Respondents For the Applicant : Mr. U. Roy, Counsel For the Respondents ; None anisl ay. ~ yw 7
a) by 2. OA 665/2023 ORD ER{Oral) Par: Jayesh V. Bhairavia, Judicial Member
1. Heard learned Counsel for the applicant.
2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:
"a) An Order directing the respondents authorities and each one of them to extend of superannuation of age of applicant from 60 years to 65 years in respect of the applicant and/or till the Hon'ble Supreme Court delivered the judgment;
bh) An Order directing Ure respondent authorities and each one of them to the concerned competent authorities for consideration of prayer of the applicant;
c} An applicant is going to retire from service on 31.05.2023 the court may direct the authorities nat to retire till the case decided by the Hon'ble Supreme Court and be allowed to do the work in the same post;
d} dn order directing the respondent authorities to transmit and produce all documents and records relating to the instant case of the applicant before this Hou'ble Tribunal;
e) And pass such order/orders as your Lordships may deem fit and proper."
3. Athearing, Learned Counsel for the applicant submits that the applicant is going to attain the age of superannuation on 31.05.2023, and his pending representation has not yet been considered by the respondents. Hence, this OA,
4. It is stated that the applicant, vide his representation dated 06.05.2023 (Annexure-A/7), requested the Director General, CCRAS, New Delhi to grant extension of superannuation age to 65 years in terms of judgment passed by the Hon'ble High Court of Odisha, Cuttack in writ petition WP (C) No. 30620/2020 dated 17.12.2020 (Annexure-A/5), since in the said judgment, the Hon'ble High Court mentioned that Clauses 34 and 35 of the bye laws of CCRAS with superannuation prescribes that the Fundamental and Supplementary Rules and General Financial Rules of the Government of India as amended from time to time shall apply mutatis mutandis to employees of 7 C-
3. OA 665/2023the Central Council for Research in Ayurvedic Sciences, New Delhi. Since the applicant is also working as a Research Officer (Ayurveda), Central Ayurveda Rese-irch Institute at Kolkata, he is also entitled of the said benefit.
4.1 Learned Counsel for the applicant further submits that, aggrieved by the said judgment of the Hon'ble High Court of Odisha, Cuttack, Central Council for Research in Ayurvedic Sciences and Anr. have filed appeal in SLP (C) no. 4110/2021 before the Hon'ble Apex Court and the said appeal is pending as 'reserve for judgment'. Therefore, till the outcome of such verdict of the Hon'ble Apex Court in the said case, the respondents may be directed to cor:sider the pending representation of the applicant.
5. Heard Learned Counsel for the applicant at length.
75.1 Since it is stated that the applicant is attaining the age of superannuation on 31.05.2023, and as soon as he came to know about the judgment of the Hon'ble High Court of Odisha, Cuttack, wherein right to claim for extension of superannuation age has been considered, which is also applicable to the case of the applicant, though the same has been sub judice before the Hon'ble Apex Court, we deem it appropriate to dispose of this original application, at the admission stage, without entering into the merits of the matter, with an expectation that the respondents shall consider the pending representation of the applicant, expeditiously.
6. In view of the above directions, the instant OA stands disposed of. No costs.
. _ (SuchittS Kumar Das} (Jayesh V. Bhairavia) Administrative Member Judicial Member sl