INDIAN COUNCIL OF AGRICULTURAL RESEARCH v. BIBUHTI BHUSHAN NAYAKAND
1997-09-26
G.B.PATTANAIK, S.C.AGRAWAL
body1997
DigiLaw.ai
ORDER 1. Special leave granted. 2. We have heard learned counsel for the parties. 3. The respondents were employed as Computors with the Central Rice Research Institute which is an institute under the control of the Indian Council of Agricultural Research. The grievance of the respondents was that while Senior Computors were placed in the pay scale of Rs.425-600 with effect from 1-1-1973, they were placed in a lower pay scale of ~300-560. They were claiming the pay scale of Rs.450-600 with effect from 1-1-1973. They were also seeking the higher pay scale of Rs.550-900 with effect from 1-10-1975. They filed a petition (OA No. 182 of 1991) seeking the said relief before the Central Administrative Tribunal, Cuttack Bench (hereinafter referred to as "the Tribunal"). The said petition has been decided by the Tribunal by the impugned judgment dated 23-6-1994. The Tribunal, while allowing the said application, has held: "What is crystal clear is that complete jurisdiction exists for accepting the prayer of the applicants, S/Shri Bibhuti Bhushan Nayak, Madan Mohan Das and Akhaya Kumar Mishra be placed in the pay scale of Rs.425-600 with effect from 1-1-1973 or from the actual date of their respective appointment to the post of Computors. Further, they should be placed in Category I-T(IV) in the scale of Rs.550-900 with effect from 1-10-1975 or from the date of their respective appointment." 4. The words "Category I-T(IV)" should be read as "Category II-T(lV)" in these observations because there is no Category I-T(lV) and the pay scale of ~550-900 was given for Category II- T(IV). 5. Shri Sikri, the learned counsel appearing for the appellants, states that the appellants do not question the first direction given by the Tribunal that the respondents be given the pay scale of Rs.425-600 with effect from 1-1-1973 or from the actual date of their appointment on the post of Computors. He assails the second direction that the respondents should be placed in Category II-T(IV) in the pay scale of Rs.550-900 with effect from 1-1-1975 from the date of their respective appointment. The submission is that the categorisation of the various scales was done under the Technical Services Rules of the Indian Council of Agricultural Research which came into force with effect from 1-10-1975.
The submission is that the categorisation of the various scales was done under the Technical Services Rules of the Indian Council of Agricultural Research which came into force with effect from 1-10-1975. The learned counsel has invited our attention to Rule 5.1 of the said Rules which provides for initial adjustment for existing employees and submits that in view of the said rule on 1-10-1975 the respondents could only be fixed in the pay scale of Rs.425-600, either in Category I- T(lII) or in Category II- T(III) depending upon their qualifications and that the next scale of Rs.550-900 falling in Category II- T(IV) could be given to them only by way of promotion after the initial fitment had been made with effect from 1-10-1975. 6. The learned counsel has placed reliance on the decision of this Court in Director, Central Rice Research Institute v. Khetra Mohan Das1 wherein it has been laid down: (SCC p. 600, para 6) "Viewed from any angle it is clear that when these rules came into force only a person in Grade T-I-3 of Category I (pay scale – Rs.425-700) would be entitled to be inducted in Grade T-II-3 of Category II provided he possessed the necessary qualifications prescribed for Category II. The promotion to Category II in the case of the respondent can be only as per Rule 7.2 and not by way of induction as claimed by the respondent." 7. In view of the said decision of this Court the direction given by the Tribunal that the respondents be placed in Category II-T(IV) in the pay scale of Rs.550-900 with effect from 1-10-1975 cannot be sustained and has to be set aside. The respondents will, however, be entitled to be considered for promotion in the said Category II - T(IV) in the pay scale of Rs.550-900 after I fitment in the pay scale of Rs.425-600 with effect from 1-10-1975 under the Rules of 1975. 8. The appeal is, therefore, allowed and the direction given by the Tribunal that the respondents be placed in Category II - T(IV) in the pay scale of Rs.550-900 with effect from 1-10-1975 or from the date of their respective appointment, is set aside. No order as to costs.