Document Fragment View

Matching Fragments

19. As regards the decision of the Delhi High Court, the High Court has held vide Annexure A-4, as under:-

"The respondents 1 to 3 were appointed as Senior Scientific Assistant/Laboratory Assistant during 1970 - 72. They opted for ICAR Technical service w.e.f. 1-10-1975. Relying upon decision of Cuttack Bench of CAT in Sanjukta Das and others vs ICAR and others in OA No. 291 of 1995, dated 27- 09-1995,f they approached the Tribunal seeking extension of benefit of Sanjukta Das' case to them. The Tribunal disposed of the above OA vide order dated 12-08-2002 observing that the applicant in OA are similarly circumstanced to those before Cuttack Bench and directed for reconsideration of matter for grant of pay scale of Rs 425-700 w.e.f. 1.1.1973 in accordance with Rules and take a final decision by a speaking order.

22. Respondents have relied upon the decision of the Apex Court by a Three Judge Bench in the case of Central Rice Research Institution v. Khetra Mohan Das, (CA 4729 of 1991 decided on 6th October, 1994) (1994) Supp 3, SCC 595. Though the same relates to Rice Research Institute, the Rules applicable to that institute being the same as those applicable to the applicants herein, reference to the same is appropriate. In that case, the Apex Court has held as under:-

"On 1-10-1975 the Technical Service Rules of the ICAR came into force. Para 3.1 provides as under: