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2. Briefly stating, it was the case of the respondents before the Tribunal that in the Fifth Pay Commission, the Government vide order dated 13.11,2003 granted non-functional pay scale of Rs 8000-13500 to the Section Officers (SOs) of the Central Secretariat Staff (CSS) with effect from 01.01.1996 notionally and with all financial benefits w.e.f 03.10.2003. In so far as Section Officers (SOs) of ICAR HQ were concerned, out of 51 eligible SOs, 33 were allowed the non-functional pay scale of Rs 8000-13500 exactly in the same manner as for CSS. When the proposal for remaining 18 SOs was processed, the Ministry of Finance raised objections stating that the non-functional pay scale was meant only for CSS. In the result, those SOs working in ICAR HQ who were drawing non-functional pay scale when retired, did not get pensionary benefits in that non-functional pay scale. Further, others also did not get the non-functional pay -scale.

3. In March, 2008 report of Sixth Pay Commission was published and the recommendations of the Sixth Pay Commission was accepted on 29.08.2008 w.e.f 1.01.2006 and Gazette Notification to that effect was issued that the scale in respect of Section Officers/ Private Secretaries as per the notification shall be available only in such of those organizations/services which have had a historical parity with CSS/CSSS.

4. The ICAR on the subject of implementation of Sixth Central Pay Commissions recommendations for the Assistant Personal Assistant and Section Officer/Private Secretaries in ICAR HQ issued office Memorandum bearing No. F.No.7(28)/2008-Estt,1 dated 7.11.2008 inter alia stating that Ministry of Finance has approved that the pay structure for Assistants and Section Officers in CSS may be extended to the Assistants/Personal Assistant and Section Officer/PS in ICAR HQ.

5. However Dept of Expenditure, Ministry Of Finance objected to ICAR orders No. 33(18)/20003-Estt, dated 09.02.2004 and did not agree to the same vide their UO No 303/Dir IC/09 dated 16.03.2009 to the proposal of ICAR. Consequently, it was decided with the approval of the Ministry of Agriculture and President, ICAR to withdraw the non- functional pay scale granted to SOs w.e.f. 03.10.2003 and notices to that effect were issued.

6. Thereafter, respondents filed an OA No. 1499/2009 before the Tribunal inter alia praying that the respondents be directed to grant the benefit of non-functional pay-scale of Rs 8000-275-13500 also w.e.f. 01.01.1996 notionally and w.e.f. 03.10.2003 with all consequential financial benefits, etc which was allowed by the Tribunal.

7. The learned counsel for the petitioners submitted before the Tribunal that after the implementation of the Sixth Central Pay Commission Recommendation, the proposal was again mooted and considered by the Anomalies Committee of the Ministry of Finance which did not agree to grant the non-functional pay scale for the SOs of ICAR HQ during 5th CPC period on par with SOs of CSS. Consequently, with the approval of the President, ICAR (Agriculture Minister) notices were issued to all concerned for withdrawing the said scale granted w.e.f. 03.10.2003 to make necessary recoveries from them.