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Showing contexts for: CCRAS in Central Council For Research In ... vs Bikartan Das on 16 August, 2023Matching Fragments
J. B. Pardiwala, J.:
1. This appeal by special leave is at the instance of the Central Council for Research in Ayurvedic Sciences (CCRAS), Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH), Government of India (appellant No. 1) and its Director General (appellant No. 2). The two appellants before us were the original respondents before the High Court of Orissa. This appeal is directed against the judgment and order dated 17.12.2020 passed by the High Court of Orissa, Cuttack in W.P. (C) No. 30620 of 2020 by which the High Court allowed the writ application filed by the original petitioner (respondent No. 1) before us, setting aside the order passed by the Central Administrative Tribunal (CAT), Cuttack Bench, Cuttack and thereby holding that the respondent No. 1 herein, namely, Dr. Bikartan Das is entitled to the benefit of enhancement of retirement age from 60 to 65 years as applicable to the AYUSH doctors working under the Ministry of AYUSH.
4. On 27.09.2017, the Union Cabinet took a decision to enhance the age of superannuation up to 65 years for the AYUSH doctors working under the Ministry of AYUSH (respondent No. 2 herein) and in the Central Government Health Scheme (for short, ‘the CGHS’) Hospitals.
5. By way of letter dated 31.10.2017, the Ministry of AYUSH clarified that the effect of the Cabinet decision referred to above would be applicable only to the AYUSH doctors directly working under the Ministry of AYUSH and in the CGHS Hospitals. It was clarified that the decision to enhance the age of superannuation up to 65 years would not be applicable to the autonomous bodies functioning under the Ministry of AYUSH. The letter dated 31.10.2017 addressed by the Ministry of AYUSH to the Director General, CCRAS and CCRUM, reads thus:
“Clause 34 of the bye-law makes it crystal clear that the Governing Body has to take a decision in regard to the enhancement of the retirement age. The Governing body has no necessity to take a decision in the context of the Ministry of AYUSH, Govt. of India having made it clear that enhancement of retirement age is not applicable to an autonomous body like CCRAS. Therefore, the G.O.I. rule of not extending the enhancement of retirement age to CCRAS compliments the clauses 35 & 47 of the byelaws. We do not find any error in the decision taken by the respondents in terms of the bye laws.” (Emphasis supplied)
b. The respondent No. 1 was an employee of CCRAS having joined as Research Assistant and his terms of service were governed under the Rules of CCRAS. Subsequently, he was promoted to the post of Research Officer and at the time of superannuation he was holding the post of an Assistant Director.
c. The relevant clauses of CCRAS which are applicable to the facts of the present case are Clauses 25(b), 34, 35 and 47 of CCRAS Bye- Laws which are extracted herein for the sake of convenience: