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c) The Advertisement nowhere specified grant of Non-Practicing Allowance for the above Post. CSIR-CFTRI on completion of the recruitment procedure issued 'Offer of Appointment' vide CSIR- CFTRI Letter dated October 4, 2005 to the applicant for the Post of Scientist Gr. IV (3) on the basis of the recommendations of the Selection Committee and the approval of the Director CSIR-CFTRI.

d) The Offer of Appointment issued by CSIR-CFTRI as above clearly specified that the applicant would be eligible for an initial Basic pay of Rs. 12,000/- in the Scale of Pay of Rs. 12000-375-16,500 plus usual allowances as admissible under the rules applicable to the Council employees. While the Offer of Appointment issued by CSIR-CFTRI clearly stated the pay and allowances of the applicant, it nowhere specified that he would be eligible for Non-Practicing Allowance.

e) The Joining Report issued by CSIR-CFTRI again clearly stated that-

i) Dr. Muthukumar would draw a Basic pay of Rs. 12,000/- per month plus usual allowances as admissible under rules,

ii) He will be on probation for a period of one year from the date of joining, OA.No.145/2020/CAT/Bangalore Bench

iii) He will be covered under the CFTRI Group Saving Insurance Scheme 1987 and

iv) that he will be covered under the New Pension Scheme of Government of India as applicable to new entrants joining CSIR Service on or after 1.1.2004.

iv. From the sanctioned strength of CSIR-CFTRI, there was no medical veterinary post sanctioned to the Institute till now. The OA.No.145/2020/CAT/Bangalore Bench Audit has observed that Dr. S P Muthukumar, Emp. No. 2219 was appointed and reported as Scientist Gr. IV(3) on 31.10.2005 and is still holding Scientist Post under CSIR-CFTRI sanctioned position of manpower.

l) In view of the CAG Observations, Clarifications from CSIR and based on the recommendations of the Finance & Accounts Section as approved by the Competent Authority, CSIR-CFTRI was constrained to withdraw the grant of Non-Practicing Allowance vide CSIR-CFTRI O.M. dated 20/12/2019.

4. In his rejoinder to the reply, the applicant has pleaded as follows: -

OA.No.145/2020/CAT/Bangalore Bench

a) The NPA is granted to the doctors practising medicine and Doctors practising veterinary medicine having regard to the Statutory compulsions. Veterinary Doctors are required to get themselves registered under the State Veterinary Councils coming under the Veterinary Council of India established under Indian Veterinary Act 1984 under Section 24 of Chapter-Ill of the said Act.