Tribunals and CommissionsDivision Bench(2021) 02 CAT CK 0147

Gograj Singh Jat & Others vs Indian Council Of Agricultural Research & Others

Central Administrative Tribunal · Decided on 26 February 2021

HON’BLE JUDGES
L. Narasimha Reddy, J · Mohd. Jamshed, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 449, 450 Of 2021, Miscellaneous Application No. 553, 554, 556, 555 Of 2021

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Judgment

9 paragraphs · 449 words

L. Narasimha Reddy, J

1.

In these two OAs, common questions are raised, hence they are disposed of through a common order.

2.

The applicants are employed in the Indian Council of Agricultural Research (ICAR), in various capacities and joined service at different points of time. According to them, UGC pay scales were made applicable to the Scientists and other related categories in the ICAR and it was being continued from time to time. The grievance of the applicants is that in the name of implementing the recommendations of the 7th Pay Commission, the respondents have withdrawn the incentives granted under the UGC pattern of pay scales, though, such benefits were extended soon after the recommendations were implemented. It is complained that the respondents have withdrawn certain incentives provided to them without issuing any notice. They claim to have made representations ventilating their grievances. These OAs are filed with a prayer to direct the respondents to revise the pay of the Scientists of the ICAR in the light of the UGC Gazette Notification dated 02.11.2017 and 18.07.2018 and to revise the pay scales as per the recommendations of the 7th Pay Commission. Ancillary reliefs are also claimed.

3.

The applicants contend that once the parity of pay scales was maintained for the employees on par with the UGC, there was absolutely no basis to deviate from the same and at any rate, to withdraw the increments that were already extended.

4.

We heard Sh. R. Balasubramanian, learned senior counsel, assisted by Mr. Kumar Shashank Shekhar, Ms.Indira Bhakar and Mr.Ankit Raj, learned counsel for the applicants and Sh. Rajive R Raj, learned counsel for the respondents, at the stage of admission.

5.

The applicants made extensive submissions in the OAs indicating the method in which the UGC pay scales were extended to the Scientists in ICAR. The circumstances, under which the respondents have changed the policy in this behalf or interpreted the relevant clauses, are not immediately before us. In the OAs also, no specific order is challenged. The granting of relief as claimed in the OA warrants the spelling out of policy adopted by the respondents. The applicants have already made representations in this behalf.

6.

We, therefore, dispose of the OAs directing the respondents to pass orders on the representations dated 31.07.2019, 05.08.2019 and 25.07.2020 submitted by the applicants, within a period of three months from the date of receipt of a copy of this order. We make it clear that in case the grievance of the applicants still subsists, it shall be open to them to pursue the remedies in accordance with law.

Pending MAs also stand disposed of.

There shall be no order as to costs.