OA No 3763/2012 and MA 3216/2012. Case: IARI-Stenographers Welfare Association Division of Agricultural Chemicals Vs Union of India. Central Administrative Tribunal
Case Number | OA No 3763/2012 and MA 3216/2012 |
Counsel | For Appellant: V.S.R. Krishna, Advocate and For Respondents: Praveen Swarup, Advocate |
Judges | Sudhir Kumar, Member (A) and A.K. Bhardwaj, Member (J) |
Issue | Administrative Tribunals Act, 1985 - Section 19 |
Judgement Date | July 01, 2014 |
Court | Central Administrative Tribunal |
Order:
A.K. Bhardwaj, Member (J), (Principal Bench, New Delhi)
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In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the Private Secretaries and Personal Assistants employed in the Research Institute of the Indian Council of Agricultural Research (ICAR) have sought issuance of direction to respondents to fix their pay at par with the Private Secretaries/Personal Assistants in the Headquarter of ICAR. The clause 8, i.e. the relief clause of the OA reads as under:-
8.1 to call for the records of the case;
8.2 to quash and set aside the impugned order and direct the Respondents to extend the benefits of O.M. dated 7.11.2008 and 26.11.2008 to the applicants herein;
8.3 to grant the benefit of grade pay of Rs. 4600/- in PB-2 of Rs. 9300-34800 corresponding to the pre-revised pay scale of Rs. 7450-11500 w.e.f. 1.1.2006 to the Applicants/Personal Assistants with all consequential benefits w.e.f. 1.1.2006 as is being enjoyed by the Personal Assistants of the Respondent No. 1/ICAR along with interest on delayed payment.
8.4. to grant the benefit of Grade Pay of Rs. 4800/- in the pay band PB-2 of Rs. 9300-34800 corresponding to the pre-revised pay scale of Rs. 7500-12000 and on completion of four years in PB-2 with Grade Pay of Rs. 4800/-, the grade pay of Rs. 5400/- in PB-3 of Rs. 15600-39100 to the Applicants/Private Secretaries with all consequential benefits w.e.f. 1.1.2006 as is being enjoyed by the Private Secretaries of the Respondent No. 1/ICAR along with interest on delayed payment;
8.5. to award cost of the present petition;
8.6. to pass any further and other such order (s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
Mr. V.S.R. Krishna, learned counsel for the applicants submitted:-
(i) In terms of the Memorandum of Association (Rules and Bye-laws) of the Indian Council of Agricultural Research, the Constituent Units of the Society means the Indian Council of Agricultural Research Headquarters, its Research Institutions, regional and sub-stations, research laboratories etc. and Co-ordinated projects managed and administered by the Society.
(ii) The aforementioned Bye Laws (Memorandum of Association) need to be extended to the headquarters and all the Institutes as well as other Units of the ICAR.
(iii) In the note for the Cabinet initiated on 7.04.1997, it could be emphasized extensively that the pay scale of Rs. 1640-2900 should be extended to the Assistants/Stenographers (Grade-II) working at the ICAR Research Institute with effect from the date of approval of the Cabinet, to settle long pending grievance of the incumbents of the posts.
(iv) In terms of the Office order No. 15(8)/96-Estt. 1 dated 16.06.1997, in pursuance of the decision of the Union Cabinet in its meeting held on 29.04.1997, the competent authority approved the unification of the cadres of Assistants/Stenographers (Gr. II) of the ICAR Hqrs and its Research Institute with immediate effect. Pursuant to the said decision of the Cabinet, the competent authority also approved the extension of the revised pay scale of Rs. 1640-2900 to the existing Assistants/Stenographers (Gr. II) working at the ICAR Research Institute with immediate effect. It was also provided in the Office Order that consequent to the extension of the benefit of aforementioned pay scale to Assistants/Stenographer (Gr. II) at the ICAR Research Institute, the existing RRs for the post would cease to exist and the recruitment would be made after the amendment of the Rules.
(v) In terms of the order dated 22.12.2009 passed in OA No. 1499/2009, this Tribunal directed that the Private Secretaries in the Headquarters of ICAR would be entitled to the non-functional pay scale of Rs. 8000-275-13500/- notionally w.e.f. 1.1.1996 and financially w.e.f. 3.10.2003, thus the applicants herein should also be given the same benefit.
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On the other hand, Shri Praveen Swarup, learned counsel for respondents submitted that though he was authorized only by respondents 1, 3 and 4 to represent their stand before this Tribunal, but since subsequently the respondent No. 2 also instructed the said respondents to also espouse its pleas in the present case, he is representing all the respondents. The only argument advanced by him was that the order of this Tribunal passed in OA No. 11/1998 filed by IARI Stenographers Welfare Association has since been reversed by Hon'ble Delhi High Court vide judgment dated 14.01.2013.
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We heard the counsels for parties and perused the record. The Indian Council of Agricultural Research is an autonomous organization wholly funded by the Government of India. Prior to its reorganization in the year 1966, it was an attached department of Government of India under the Ministry of Food and Agriculture and there were different designations of Assistants at different Institutes with the nomenclatures like the Confidential Assistant, Head Clerk, Head Clerk-cum-Accountant, Estt. Assistant, Record Keeper, Cashier, Store Keeper, Jr. Accountant and Senior Assistant etc. who had been placed in different pay scales recommended by the 2nd Pay Commission viz. most of them were in the pay scale of Rs. 210-530 (revised to Rs. 425-800 in 3rd Pay Commission and Rs. 1640-2900/- as recommended by the 4th Pay Commission). Some of them were in the pay scale of Rs. 210-425 (revised to Rs. 425-700 pursuant to the recommendation of 3rd Pay Commission and Rs. 1400-2300 as recommended by the 4th Pay Commission). In the process of re-organization of ICAR, the uniform Recruitment Rules (RRs) for the post of Assistants in the Institute were adopted and the incumbents of the above posts were uniformly re-designated as Assistants. However, instead of the pay scale of Rs. 425-800, they were granted the pay scale of Rs. 425-700. Initially the disparity was not so much visible but when pursuant to the recommendation of IVth Central Pay Commission, the pay scale of Rs. 425-700 was revised to Rs. 1400-2300 (for the Assistants of ICAR Institute) and the pay scale of Rs. 425-800 was revised to Rs. 1640-2900 (for the...
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