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2022 DIGILAW 303 (KER)

Manojkumar T. S. , S/o. T. N. Sankara Pillai v. Indian Council Of Agricultural Research (ICAR), Represented By Its Director General

2022-03-30

ALEXANDER THOMAS, VIJU ABRAHAM

body2022
JUDGMENT : ALEXANDER THOMAS, J. The verdict under challenge in this Original Petition is the one rendered by the Central Administrative Tribunal, Ernakulam Bench, on 21.11.2018 in the instant Original Application O.A.No.433/2017, which has led to the dismissal of the above O.A. A copy of said final order rendered by the Tribunal has been produced as Ext.P-1 in the instant Original Petition filed under Articles 226 & 227 of the Constitution of India. The petitioner in the O.P. is the applicant in the O.A. and respondents 1 to 3 in the O.P. are the three respondents in the O.A. Later, the Director, Central Plantation Crops Research Institute (CPCRI), Kasargod and the Union of India, represented by the Secretary to Government in the Ministry of Agriculture and Farmers Welfare have been impleaded as additional respondents 4 & 5 in the O.P. 2. Heard Smt.T.N.Sreekala, learned counsel appearing for the petitioner in the O.P./applicant in the O.A., Sri.P.Santhoshkumar, learned Standing Counsel for the Indian Council of Agricultural Research (ICAR), appearing for R-1 to R-4 in the O.P. and Sri.T.V.Vinu, learned Central Government Counsel appearing for R-5 (Union of India) in the O.P. 3. The prayers in the instant Ext.P-2 O.A. No.433/2017 are as follows: “i. Call for the original records leading to Annexure A10 and set-aside the same. ii. Pass appropriate order declaring that the applicant is having ARS-discipline of 'Agricultural Structure and Process Engineering (ASPE)'. iii. Pass appropriate order directing the respondents to upload the applicant's ARS-discipline namely 'Agricultural Structure and Process Engineering (ASPE)' against the name of the applicant in the 'Personnel Management Information System' of ICAR. iv. Pass appropriate order directing the respondents to transfer the applicant to 'Central Institute of Fisheries Technology (CIFT)' Kochi. v. Such other order or direction as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.” 4. iv. Pass appropriate order directing the respondents to transfer the applicant to 'Central Institute of Fisheries Technology (CIFT)' Kochi. v. Such other order or direction as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.” 4. The main matter under challenge in the O.A. is the impugned Anx.A-10 proceedings dated 10.11.2017 issued by the 2nd respondent herein, whereby the request of the petitioner for transfer from the present post of Senior Scientist & Head, Krishi Vigyan Kendra (KVK), CPCRI, Kasargod, has been declined on the ground that his request for transfer to the Central Institute of Fisheries Technology (CIFT), which is another institution of the ICAR, is not legally permissible inasmuch as his post of Head, KVK, is a location specific appointment and thus non transferable, and also on the ground that his present post of Senior Scientist & Head, KVK, do not have any Agricultural Research Service (ARS) discipline earmarked, etc. 5. Reference to the factual details in this case would be necessary. The petitioner is having M.Sc. Degree and Ph.D. and was regularly selected and appointed to the ARS (Agricultural Research Service), under the respondent ICAR, in the scientific discipline of Agricultural Structure & Process Engineering (AS & PE) as per Anx.A-1 appointment order dated 1.12.1997. It has been inter alia ordered, as per Clause 'iv' thereof, that the applicant will be on probation from the date of appointment for a period of 2 years, which may be extended or curtailed at the discretion of the competent authority, etc. It is also stipulated in Clause 'vi' thereof that the applicant will be required to serve the ICAR for a minimum period of 4 years as provided under the rules and as a member of ARS, he will be liable to be posted to any Institute/Bureau/Centre/Project Directorate or its Regional/Sub Stations anywhere in India. It will be pertinent to refer to the contents of Clause 'vi' of Anx.A-1 appointment order dated 1.12.1997 which regulates the applicant's initial recruitment as a member of the ARS in the discipline of AS & PE, which reads as follows: “He/She will be required to serve the Council for a minimum period of four years as provided under the Rules. As a member of the Service, he/she will be liable to be posted to any Institute/Bureau/Centre/Project Directorate or its Regional/Sub Stations, anywhere in India.” 6. As a member of the Service, he/she will be liable to be posted to any Institute/Bureau/Centre/Project Directorate or its Regional/Sub Stations, anywhere in India.” 6. Later, the respondent ICAR has issued selection notification as per Advertisement No.1/2009 dated 19.1.2009 inviting applications for the post of Programme Co-ordinator at KVK, under the CPCRI, Kasargod. A copy of the said selection notification No.1/2009 dated 19.1.2009 has been made available for the perusal of this Court by the respondents and Clause 'VI' is relevant and the same reads as follows: “He may be posted to any other Institutes/Research Stations of the ICAR or be deputed to work in post(s) under the Central or any State Govt., Agricultural University or elsewhere (including assignments abroad) for a prescribed period or periods.” 7. In pursuance of the abovesaid selection notification No.1/2009 dated 19.1.2009, the petitioner was selected and appointed to the post of Programme Co-ordinator at KVK, under the CPCRI, Kasargod, and that Anx.A-2 appointment order dated 8.12.2009 was issued by the respondent ICAR. Clause 2' of Anx.A-2 appointment order would indicate that his headquarters would be at CPCRI, Kasargod, and he would be liable to be transferred anywhere in India in an equivalent position. However, he will not be permitted to seek transfer until and unless a minimum period of five years of service in the initial place of selection/posting is completed. If the Council receives any request from him or anyone acting on his behalf, relating to his transfer within this period, the Council will deem it as violation of this condition and will be free to withdraw the offer/terminate the appointment while under probation, etc. Clause 7' of Anx.A-2 further stipulates that the other conditions of service would be governed by the relevant rules/orders/staff regulations which may be issued by the ICAR from time to time and the appointment would be subject to rules of ARS and rules & bye-laws and regulations of ICAR Society. Clauses 2' & 7' of Anx.A-2 appointment order dated 8.12.2009 read as follows: “2. His headquarters will be at CPCRI, Kasaragod for the present, but he will be liable to be transferred any where in India in an equivalent position. However, he will not be permitted to seek transfer until & unless a minimum period of five years of service in the initial place of selection/posting is completed. His headquarters will be at CPCRI, Kasaragod for the present, but he will be liable to be transferred any where in India in an equivalent position. However, he will not be permitted to seek transfer until & unless a minimum period of five years of service in the initial place of selection/posting is completed. If the Council receives any request from him or anyone acting on his behalf relating to his transfer within this period, the Council will deem it as violation of this condition and will be free to withdraw the offer/terminate the appointment while under probation/initiate departmental proceedings without any further reference. xxxx xxxx xxxx xxxx 7. Other conditions of service will be governed by the relevant rules/orders/staff regulations which may be issued by the ICAR from time to time. The appointment is subject to rules of A.R.S. and rules & bye-laws and regulations of ICAR Society.” (emphasis supplied) 8. In pursuance of Anx.A-2 appointment order, the petitioner was relieved from his earlier posting as Scientist, ARS, so as to allow him to join duty in pursuance of Anx.A-2 appointment order, and the factum of relieving from the earlier posting is evident from Ext.P-10 dated 16.4.2010. Anx.A-3 dated 9.8.2010 is the actual order appointing and posting the petitioner as Programme Co-ordinator at KVK, under the CPCRI, Kasargod, in pursuance of Anx.A-2 and Ext.P-10 [as per the terms and conditions in Anx.A-2]. Later, the petitioner has been given promotions, by way of upgradation, under the career advancement scheme as Senior Scientist and thereafter as Principal Scientist during his tenure at KVK, as can be seen from Anx.A-1(a) and Anx.A-4. It is pertinent to note that the post of Senior Scientist and Principal Scientist are posts designated in the ARS of the ICAR and those orders were made during the posting at KVK, under the CPCRI, Kasargod. It has been shown therein that the appointment of the petitioner as Senior Scientist and Principal Scientist will be in the original scientific discipline of Agricultural Structure & Process Engineering (AS & PE), which is the one covered by the original recruitment as per Anx.A-1, as a member of ARS. Much after the completion of the minimum 5 year tenure at KVK, the petitioner had made request for transfer to other scientific institutions under the ICAR in order to expose him in the professional field as a scientist. Much after the completion of the minimum 5 year tenure at KVK, the petitioner had made request for transfer to other scientific institutions under the ICAR in order to expose him in the professional field as a scientist. The Tribunal had directed the ICAR authorities to consider the said request of the petitioner for transfer from KVK, under the CPCRI, Kasargod, to another scientific institution under the ICAR, as a Senior Scientist. The said plea has been ultimately rejected as per the impugned Anx.A-10 proceedings dated 10.11.2017. The grounds of rejection stated in Anx.A-10 is that the present posting of the petitioner as Head, KVK, under the CPCRI, Kasargod, is a location specific appointment and thus non transferable. Further that as Senior Scientist & Head, KVK, he does not have any ARS discipline earmarked, etc. It is this order at Anx.A-10 that is under challenge before the Tribunal in the instant O.A. 9. The stand taken by the respondents in the O.A., in their reply statement at Ext.P-3 herein, are the very same grounds enumerated in Anx.A-5. The Tribunal has upheld the grounds of rejection in Anx.A-5 and has held that the O.A. stands dismissed as no grounds are made out for interfering with the rejection order at Anx.A-5. So, the issue posed before us is as to whether the grounds of rejection stated in Anx.A-5 are legally correct and tenable. 10. Anx.A-5 is the proceedings dated 20.2.2017, issued by the respondent ICAR authorities, laying down the transfer guidelines of scientific personnel of ICAR, based on the decision taken by the General Body of the ICAR in the 228th Meeting held on 30th September, 2013, etc and it has been laid down therein that those guidelines shall be scrupulously followed for effecting inter-institutional and intra-institutional transfer of scientific personnel of ICAR. 11. Clause 6' of Anx.A-5 deals with the mode of transfer and it is inter alia laid down therein that it is mandatory to serve the initial place of posting for 3 years in 'B' category stations and 5 years in 'A' category stations as the case may be, and that the lateral entry location-specific selectees are also to be governed by this clause, and further that the request for transfer of the scientist concerned shall not be considered prior to the completion of the period of mandatory service. Sub clause 'A' of Clause 6' of Anx.A-5 deals with inter-institutional transfer. Sub clause 'B' of Clause 6' of Anx.A-5 deals with intra-institutional transfer. A reading of Clause 6', more particularly Clause 6(iii)', would make it clear that even the lateral entry location-specific selectees are to be governed by the said clause, and further that the request for transfer of the scientist concerned shall not be considered prior to the completion of the period of mandatory service. The matters relating to mandatory period of service are dealt with in Clause 6(ii)' supra. 12. Now the stand taken by the respondents is that, subsequently, Ext.P-5 guidelines dated 6.7.2018 has been issued for transfer guidelines in the case of Krishi Vigyan Kendra (KVK) like the one at CPCRI, Kasargod. Paras 1 to 4 of Ext.P-5 guidelines dated 6.7.2018 dealing with the transfer guidelines for Senior Scientist & Head, KVK, administered by the ICAR institutes read as follows: “The Transfer Guidelines for Senior Scientist cum Head KVK administered by ICAR Institutes shall be applicable from the date of issue of this memorandum for effecting transfers of Senior Scientist cum Head KVK from one ICAR-Institute-KVK to another ICAR-Institute-KVK against vacant position of the Head, KVK. 2. The Transfer Guidelines issued by ICAR for scientists of ARS cadres will be generally applicable to the Senior Scientists-cum-Heads of ICAR-Institute-KVKs as far as general principles are concerned. However, keeping in view the specificity of the cadre of ICAR-Institute-KVK Heads, the following specific guidelines will be applicable to them. 3. The incumbent Head of ICAR-Institute-KVK can apply for transfer to another ICAR-Institute-KVK after completion of 5 years tenure against the vacancy available at the Head of ICAR-Institute-KVK positions. 4. Senior Scientist cum Head KVK administered by ICAR Institutes can also opt for transfer from one ICAR-Institute-KVK to another ICAR-Institute-KVK on mutual grounds in working couple cases only subject to the following conditions: a. The Senior Scientist cum Head KVK opting for transfer request on mutual grounds should be from the same Cadre and same Discipline. b. Either both of the transferees applying on mutual ground should be considered under working couple cases, or otherwise if one of them is not under the working couple ground then should have completed the mandatory period of service at the place of posting. b. Either both of the transferees applying on mutual ground should be considered under working couple cases, or otherwise if one of them is not under the working couple ground then should have completed the mandatory period of service at the place of posting. c. The transfer requests of the Senior Scientist cum Head KVK have to be recommended by the Director/Project Directors of the respective Institutes/NRCs/Project Directorates/Bureaux.” 13. Based on Ext.P-5 norms, contention is raised by the respondents that, once an incumbent like the petitioner, is posted as Head, KVK, of a particular ICAR institute like the CPCRI, he/she can be transferred to another KVK of another institution under the ICAR, and that such an incumbent selected and posted as Head, KVK, may not be transferred and repatriated as a Scientist in the ARS stream as covered by Anx.A-5 transfer guidelines. Ext.P-6 deals with various aspects relating to appointment and posting to various categories of posts in the ICAR. A reading of Ext.P-6 would indicate that the categories of posts in the ICAR are as Scientific, Technical, Administrative & Supporting etc. Clause 1.2.1(i)(c)' of Ext.P-6 would stipulate that all research management and co-ordinating positions will be filled on a tenurial basis to avoid a situation where the scientist needs to give up his/her active research career for too long. Further, Ext.P-7 deals with the amendments in the existing transfer policy of existing technical personnel in the ICAR, and it also deals with the inter institutional transfer policy of such personnel. Of course, the present applicant comes within the scientific stream and not in the technical category. But, even for technical personnel, provisions have been made in Ext.P-7 for inter institutional transfer, whereby technical personnel in KVK could be transferred on inter institutional basis, which can be even outside the KVK. Ext.P-8 is the bye-laws of the respondent ICAR and Part III thereof deals with service conditions, and Clause 30(b)' under Part III of Ext.P-8 provides that notwithstanding anything contained in the Bye-law, the Governing Body shall have the power to relax the requirement of any Rule mentioned in Clause 30(a)' of the Bye-law to such extent and subject to such conditions as may be considered necessary. Pursuant to the directions issued by us, the respondents have also made available a copy of the ICAR Agricultural Research Service Personnel Policy and the last para thereof deals with Research Management Positions, and the same reads as follows: “RESEARCH MANAGEMENT POSITIONS Research management posts are at the ICAR Headquarters and the Institutes. These are filled on a tenurial basis and are outside the Agricultural Research Service. Any member of the Service appointed to a tenurial post is given such scale of pay as may be recommended by the Agricultural Scientists' Recruitment Board. On completion of the tenure he returns to a matching position in research work. Scientists are appointed against research management posts in the Service for specific periods and they are encouraged to go back to active research thereafter.” 14. A reading of the said provisions contained in the ICAR Agricultural Research Service Personnel Policy, would make it clear like the daylight that the research management posts at the ICAR Headquarters and the Institutes are to be filled up on a tenurial basis and are outside the Agricultural Research Service and any member of the Service appointed to a tenurial post is given such scale of pay as may be recommended by the Agricultural Scientists' Recruitment Board, and on completion of the tenure he/she returns to a matching position in research work, and that the scientists are appointed against research management posts in the Service for specific periods and they are encouraged to go back to active research thereafter. 15. Further, pursuant to the directions issued by us, an additional statement dated 6.1.2022 has been filed by the additional 4th respondent, and it is inter alia stated in item 2 on page 2 thereof that the post of Programme Co-ordinator/Senior Scientist & Head KVK, is a scheme based post sanctioned in EFC at the time of establishment of a new KVK, and these positions are not included in the ARS Cadre. However, there is interchangeability within the positions of Sr.Scientist & Head, KVK, etc. 16. After hearing all the parties concerned, the following factual position emerges: (1) The applicant was initially recruited as a member of Agricultural Research Service and that too in the scientific discipline of Agricultural Structure & Process Engineering (AS & PE), as can be seen from Anx.A-1 appointment order. 16. After hearing all the parties concerned, the following factual position emerges: (1) The applicant was initially recruited as a member of Agricultural Research Service and that too in the scientific discipline of Agricultural Structure & Process Engineering (AS & PE), as can be seen from Anx.A-1 appointment order. Later, in pursuance of the selection notification dated 19.1.2009, he was selected and appointed as Head, KVK, CPCRI, Kasargod, as per Anx.A-2, and pursuant to which he was relieved as a Scientist from the ARS, as evident from Ext.P-10 and he was given actual appointment as per Anx.A-3, based on the terms and conditions in Anx.A-2. (2) The basic appointment order given to the petitioner, as a member of ARS, as per Anx.A-1, would make it clear like the daylight that, after the minimum mandatory tenure, a member of the ARS, like the applicant, will have to serve the ICAR to any Research Institute/ Bureau/ Research Centre/Project Directorate or its Regional/Sub Stations, anywhere in India, as can be seen from Clause 'vi' of Anx.A-1. (3) Further, it is also reiterated and re-emphasized in Anx.A-2 appointment order that as the Head, KVK, CPRI, after a minimum tenurial period, he will be liable to be transferred anywhere in India, in an equivalent position, as can be seen from Clause 2' thereof. Clause 7' of Anx.A-2 would make it clear that the said appointment order, as per Anx.A-2, will be subject to the rules of ARS and rules & byelaws and regulations of ICAR Society. (4) Anx.A-2, Ext.P-10 and Anx.A-3 would make it clear beyond any doubt that the lien of the petitioner, as a Scientist member of the ARS under the AS & PE discipline, has never been terminated or cancelled in the manner known to law. All what has been done after the offer of appointment, as per Anx.A-2, at KVK is that the petitioner has been relieved from his earlier posting as a member of the ARS, as per Ext.P-10, in order to enable him to join duty for which Anx.A-3 posting order has been issued, which is exclusively stated to be fully subject to the terms and conditions of Anx.A-2. (5) Anx.A-2, as indicated herein above, would make it clear that, after the minimum tenure, the applicant is liable to be transferred anywhere in India, and the appointment will be subject to the rules of ARS and rules & bye-laws and regulations of ICAR Society. (6) Further, Clause 1.2.1(i)(c) of Ext.P-6 would make it clear that all research management and coordinating positions will be filled on a tenurial basis to avoid a situation where the scientist would have to give up his/her active research career for too long. (7) The ICAR Agricultural Research Service Personnel Policy dealing with Research Management Positions, also reiterates the same position that research management posts at the ICAR Headquarters and the Research Institutes are to be filled up on a tenurial basis and are outside the ARS and any member of the Service, appointed to a tenurial post, is given such scale of pay, as may be recommended by the Agricultural Scientists' Recruitment Board, and on completion of the tenure, he/she returns to a matching position in research work. In other words, the position is very clear from the proceedings and documents issued by none other than the respondent ICAR authorities, that the appointment and posting as Head, KVK is only on tenurial basis, with the right of the incumbent to return back to scientific discipline. Moreover, it is the personnel policy of the ICAR that such scientific personnel, who are posted to a tenurial position in research management positions as above, should necessarily come back to the scientific discipline, as otherwise, their talent as a Scientist would not be of use to the ICAR. (8) Further, after posting as Head, KVK, CPCRI, in pursuance of Anxs.A-2, A-3 & Ext.P-10, none other than the respondent authorities have granted promotion, by way of upgradation under the career advancement scheme to the petitioner, by upgrading him as Senior Scientist and later as Principal Scientist in the scientific discipline of AS & PE, etc and this will also show that all the upgradations which are otherwise due to the personnel like the petitioner, while discharging the duties and functions of his tenurial position as Head, KVK, will be recouped to him at the appropriate time. 17. 17. The abovesaid upgradations, made in favour of the petitioner as Senior Scientist and later as Principal Scientist, would also make it clear as per Anx.A-1(a) and Anx.A-4, that even the scientific discipline in ARS as Agricultural Structure & Process Engineering (AS & PE) is also explicitly mentioned therein. The inevitable fall out and upshot of the above discussion is that the basic grounds of rejection stated in Anx.A-10 would fall to the ground. In other words, the very substratum of the rejection, as made out in Anx.A-10, would collapse. The two main grounds stated in Anx.A-10 rejection order are that the post Head, KVK, is a location specific appointment and thus non transferable, and that the Senior Scientist & Head, KVK, do not have the ARS discipline earmarked in the applicant's case. 18. Further, yet another contention has been raised by the respondents that, after the issuance of Ext.P-5 transfer guidelines dated 6.7.2018, an incumbent like the petitioner, who is Head, KVK of a scientific institution, can be given only transfer to another KVK attached to another scientific institution under the ICAR. 19. After reading Ext.P-5 transfer guidelines, we are not in a position to agree to the said submission made on behalf of the respondent ICAR authorities, and at best what can be seen is that Ext.P-5 transfer guidelines would also enable the respondent ICAR authorities to grant transfer and posting to such scientific personnel posted as Head, KVK, to other KVK attached to another scientific institution, and the same cannot be read as prohibiting the transfer of such ARS incumbents back to the ARS stream in other scientific institutions under the ICAR. That apart, Ext.P-5 transfer guidelines was issued on 6.7.2018, much after the petitioner had made his request for transfer, which was on the basis of Anx.A-5 transfer policy guidelines dated 20.2.2017. Even if any such restriction, as the one now endeavoured to be made by the respondents, is made out in Ext.P-5, then such restrictions cannot govern the case of the petitioner, who requested for transfer at a time when Anx.A-5 transfer guidelines was in force. That apart, we see that Anx.A-5 transfer guidelines has been issued on 20.2.2017, based on the decision of the General Body of Governing Council of the ICAR. That apart, we see that Anx.A-5 transfer guidelines has been issued on 20.2.2017, based on the decision of the General Body of Governing Council of the ICAR. We specifically queried as to whether Ext.P-5, issued later on 6.7.2018, was issued with the concurrence and approval of the Governing Council of the ICAR. We have not received any specific answer to the said query, and all what we could gather from the submissions made on behalf of the respondents is that the same has received the approval of the President and Secretary of the ICAR. At any rate, Ext.P-5 can be seen only as enabling the transfer and posting of such personnel to other KVKs and not one prohibiting transfer and posting of existing KVK hands back to their basic scientific discipline as a member of the ARS. 20. It may be that in the case of an incumbent, who was a complete outsider and was never a member of the Agricultural Research Service and who has been selected and appointed as Head KVK, Ext.P-5 should be seen as enabling the transfer of such an incumbent from one KVK to another KVK. But in the case of an incumbent, like the petitioner, who was already an existing member of the ARS in a scientific discipline concerned and who happened to be later appointed as Head KVK, then, since the lien as a member of the ARS has not been terminated and in view of the personnel policy of the ICAR, such an incumbent who is an existing member of the ARS, after completing his due tenure as Head KVK, could seek repatriation and transfer back to the ARS in the discipline concerned, based on Anx.A-5. Ext.P-5 will have to be understood only in this manner. In the case of an existing ARS member, like the applicant, who is subsequently posted to KVK, the request for transfer back to the ARS stream will have to be considered in terms of Anx.A-5 transfer guidelines and the personnel policy of the ICAR, as above. Prima facie, we are of the view that such an outsider, who is appointed to KVK, may not be able to claim transfer to the ARS, as he/she was never a member of the ARS. But, that issue need not be finally decided herein, as admittedly, the petitioner is a member of ARS, who was later posted to KVK. 21. Prima facie, we are of the view that such an outsider, who is appointed to KVK, may not be able to claim transfer to the ARS, as he/she was never a member of the ARS. But, that issue need not be finally decided herein, as admittedly, the petitioner is a member of ARS, who was later posted to KVK. 21. In that view of the matter, we are of the firm view that the grounds of rejection, stipulated in Anx.A-10 rejection order, would fall to the ground and accordingly, the same Anx.A-10 proceedings will stand quashed and set aside. The request of the petitioner for transfer as Senior Scientist, Central Institute of Fisheries Technology (CIFT), as a member of ARS in the scientific discipline of AS & PE, referred to in Anx.A-10, will stand remitted to the 3rd respondent Transfer Committee for Scientific Personal of ICAR, for consideration and decision afresh. 22. Smt.T.N.Sreekala, learned counsel appearing for the petitioner would point out that the existence of vacancy of Senior Scientist in the CIFT is admitted in para 8 on page 3 of the reply affidavit dated 28.10.2021, filed by the 4th respondent in the present O.P. 23. The said request of the petitioner shall be considered by the 3rd respondent Transfer Committee for Scientific Personal of ICAR, and orders may be passed thereon, taking note of the observations and findings made by this Court herein above. The decision as above, may be rendered after affording reasonable opportunity of hearing to the petitioner through video conferencing, if that is feasible. 24. It is made clear that the request of the petitioner for transfer cannot be denied stating the grounds pointed out in Anx.A-10 as the same has already been quashed by this Court. The said request of the petitioner has to be considered in the light of the consistent Personnel Policy of the ICAR, that scientific personnel, once deputed to a tenurial post in research management positions, like the one at KVK, will have to be repatriated back to the scientific discipline in order to ensure that their experience and talents as scientist could be best utilized for the ICAR. Decision on the abovesaid aspect should be duly rendered by the 3rd respondent Transfer Committee within 2 months from the receipt of a certified copy of this judgment. Decision on the abovesaid aspect should be duly rendered by the 3rd respondent Transfer Committee within 2 months from the receipt of a certified copy of this judgment. Until then, the vacancy of Senior Scientist (AS & PE), Central Institute of Fisheries Technology (CIFT), Kochi, shall not be filled up. 25. These aspects of the matter have not been duly taken note of in the rendering of Ext.P-1 final order, rendered by the Central Administrative Tribunal, Ernakulam Bench, in the instant O.A. Accordingly, the impugned Ext.P-1 final order dated 21.11.2018 rendered by the CAT, Ernakulam Bench, in O.A. No.433/2017 will stand set aside. The Registry may send a copy of this judgment to the Director, Central Institute of Fisheries Technology (CIFT), Kochi, for necessary information. With these observations and directions, the above Original Petition (CAT) will stand finally disposed of.