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(ii) Any other or direction which deem fit and proper in the facts and circumstances of the case may also be passed in favour of the applicant.

(iii) Cost of this original application also may be awarded in favour of the applicant.

2. The main issue in this OA relates to whether the applicant is entitled to the incentive of grant of two advance increments on acquiring Ph.D. degree during his service career. When the matter came up for consideration and hearing, Ld. counsel for the applicant (Shri Amit Mathur) submitted that the applicant initially joined the service as Junior Agronomist in Indian Council for Agriculture Research (ICAR) on 1st November, 1971 and thereafter obtained the Ph.D. degree in the year 1972 on 19.3.1972. Counsel for applicant clarified that the Ph.D. was not a necessary or essential qualification for the post of Junior Agronomist. He further submitted that vide circular dated 27.02.1999 (Ann.MA/1) which relates to revision of pay scale of the scientists of ICAR following the revision of pay scale of Central Government employees on the recommendation of 5th CPC it was provided under Para 1 (ii)(d) that A Scientist will be eligible for two advance increments as and when he acquires a Ph.D. degree in his service career, and as the applicant was appointed in 1971 and obtained the Ph.D. degree in his service career in 1972 he was entitled to get two advance increments in view of the aforesaid provisions. However, vide Ann.A/5 dated 10.12.2007 (which is an internal official correspondence) his case was rejected on the basis of circular of respondents No. 1(15)/98-Pers.IV dated 12.12.2006 and circular dated 14.05.2007. Thereafter the applicant, after trying to get some information under RTI, but to no satisfactory avail and on getting a copy of this letter only in May, 2011 submitted a representation to the respondents. He further filed OA No.470/2013 which was decided on 04.07.2013 with the directions to decide the pending representation of the applicant dated 30th May, 2013 within 3 months from the date of receipt of the order. Therefore, the respondents decided his representation vide Ann.A/1 dated 12th September, 2013 (he also clarified that the reference to the order of the Tribunal of CAT Bench, Jodhpur instead of Jaipur in Ann.A/1 is an error, because he himself as counsel had filed the OA in Jaipur Bench itself) rejecting his claim with reference to certain circulars.

References have been received from some of the institutes enquiring as to whether in the light of ICAR circular No.1(15)/98-Pers.IV dated 12.12.2006 the scientists who acquired Ph.D degree during service prior to 1.1.86 were eligible for the incentive of two advance increments w.e.f. 27.7.98 in pursuance to circular dated 14.11.2005.
In this connection, it is stated that the two circulars cited above have dealt with separate issues. The circular No.1(15)/98-Pers.IV dated 14.11.05 referred to the cases of Scientists who had acquired Ph.D degree during service period and is applicable in the administration of the incentive of two increments for acquiring Ph.D degree any time during service period introduced w.e.f. 27.7.98. The circular dated 12.12.2006 has communicated Councils decision in reference to the representations of such of the Scientists who had joined with Ph.D degree at S-1 level prior to 1.1.86 or on senior posts for which Ph.D was an essential qualification. The contents of the circular dated 12.12.06 have no bearing on those Scientists who had acquired Ph.D degree during service period. Counsel for applicant submitted that from this it is clear that circular dated 14.11.2005 (Ann.A/7) is applicable in the case of applicant because it referred to the cases of scientists who had acquired Ph.D. degree during the service period and is applicable in the administration of the incentive of two increments for acquiring Ph.D degree any time during service period introduced w.e.f. 27.7.98 and the applicant acquired Ph.D in 1972 after joining the service in 1971. He further submitted that the circular dated 12.12.2006 Ann.A/6 relates only to those cases of scientists who had joined with Ph.D degree at S-1 level prior to 1.1.86 or on senior posts for which Ph.D was an essential qualification. The contents of the circular dated 12.12.06 have no bearing on those Scientists who had acquired Ph.D degree during service period. In this way in view of applicability of circular of 14.11.2005 to the case of the applicant who acquired Ph.D during service period ( as clarified by 14.05.2007 circular), the applicant is entitled to two advance increments and the rejection of his representation vide Ann.A/1 dated 12.09.2013 (pursuant to earlier OA No.470/2013 filed by him) is not justified. Counsel for the applicant contended that the reason given in his case in order dated 12.09.2013 (Ann.A/1) that there was no incentive for those having Ph.D degree at the time of appointment to the post of Scientist Gr.I prior to 01.01.86 and that the incentive is only from 01.01.86 in the UGC package, is not correct because in the initial circular dated 27.2.1999(Ann.MA/1) there is no reference that only those who have joined service after 1.1.86 will be entitled to two advance increments if they acquired Ph.D. degree in the service career, and reiterated that Circular Ann.MA/2 dated 14.05.2007 also clarifies very clearly that incentive of two increments is applicable in the case of scientists who acquired Ph.D degree any time during the service period and prayed that in view of entitlement of the applicant who acquired Ph.D during his service career, the OA be allowed.

10. Counsel for respondents has raised the question of substantial delay in filing OA but in this regard it is seen that earlier also the applicant had filed OA No. 470/2013 and in pursuance of the orders and directions of this Tribunal dated 12.09.2013, in the said OA, the representation of the applicant has been decided by the respondents vide order dated 12.09.2013 (Ann.A/1) and therefore, rejecting this OA only on the ground of limitation does not appear just and reasonable.

11. As far as merit of the case is concerned it is also noted that scientific service in the ICAR, named Agro Research Service (ARS) came into existence w.e.f. 01.10.1975 and the applicant was inducted in the ARS w.e.f. 01.10.1975 as Scientist (S-1). It has been brought out by the respondents that initially there was no provision of any incentive in ARS Rules for grant of advance increment for acquiring higher education of Ph.D degree. Later on the ICAR adopted the University Grants Commission (UGC) pay package and Career Advance Scheme (CAS) for the scientists of ICAR w.e.f. 01.10.1986 pursuance to 4th CPC recommendations. As per this UGC pay package a Scientist who joined with Ph.D degree on or after 01.01.1986 was eligible for 3 advance increments. There was no provision for grant of advance increments for acquiring Ph.D degree as per the UGC pay package effective from 01.01.1986. It is also noted that pursuant to 5th CPC recommendations the pay scales of scientists of ICAR were revised and revised pay scales were made effective from 01.01.1996 as per ICAR notification No.1(15)/98-Pers.IV dated 27.02.1999 (Ann.MA/1) issued in this regard. As per Para 2(i)(d) of the said notification a scientist will be eligible for two advance increments as and when he acquires the Ph.D degree in his service career. A plain reading of this para indicates that the provision regarding the advance increment has been made prospective as per the words will be eligible. However, it is also noted that various representations were made by different categories of employees and in that regard subsequently a circular dated 14.11.2005 (Ann. A/7) was issued and in this regard counsel for applicant drew the attention to the following para:

References have been received from some of the institutes enquiring as to whether in the light of ICAR circular No.1(15)/98-Pers.IV dated 12.12.2006 the scientists who acquired Ph.D degree during service prior to 1.1.86 were eligible for the incentive of two advance increments w.e.f. 27.7.98 in pursuance to circular dated 14.11.2005.
In this connection, it is stated that the two circulars cited above have dealt with separate issues. The circular No.1(15)/98-Pers.IV dated 14.11.05 referred to the cases of Scientists who had acquired Ph.D degree during service period and is applicable in the administration of the incentive of two increments for acquiring Ph.D degree any time during service period introduced w.e.f. 27.7.98. The circular dated 12.12.2006 has communicated Councils decision in reference to the representations of such of the Scientists who had joined with Ph.D degree at S-1 level prior to 1.1.86 or on senior posts for which Ph.D was an essential qualification. The contents of the circular dated 12.12.06 have no bearing on those Scientists who had acquired Ph.D degree during service period.4 A harmonious reading of the various circulars and the facts of the case indicate that the incentive for having Ph.D degree or acquiring Ph.D degree started with the introduction of UGC package w.e.f. 01.01.1986 which was only for those who have joined with Ph.D degree on or after 01.01.1986 and were eligible for 3 advance increments. Further vide notification dated 27.02.1999 Ann.MA/1 two advance increments were introduced for those acquiring Ph.D degree in their service career. Next circular Ann.A/7 dated 14.11.2005 allows incentives to all those who acquire Ph.D degree during service career with actual benefits from cut off date i.e. 27.07.1998 and even those who acquired Ph.D degree during service prior to 01.01.1996 were made eligible but it does not make any reference to the fact that those who acquired Ph.D degree even prior to 01.01.1986 i.e. the date from which the UGC package was introduced were also eligible. The next circular Ann.A/6 dated 12.12.2006 clarifies that the incentive came only from 01.01.1986 in the UGC package with the specific objective of attracting Ph.D holders to join service as Scientist and to encourage non-Ph.D in the service to acquire Ph.D in service. A further clarification has been issued vide Ann.MA/2 dated 14.05.2007 as noted on pre-page. However, it does not specifically clarify whether even those who have acquired Ph.D degree prior to 01.01.1986 would be eligible for advance increments because the scheme for advance increments began only after 01.01.1986 i.e. after introduction of the UGC package. Therefore, on a harmonious reading of the relevant circulars it appears that as the applicant acquired the Ph.D degree in 1972 which was well before 01.01.1986 i.e. prior to the UGC incentive package to Ph.D degree holders, the applicant cannot said to be eligible for the advance increments as sought for.