Delhi High Court
Council Of Scientific And ... vs Dr Op Agarwal & Anr. on 20 November, 2023
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20.11.2023
+ W.P.(C) 6846/2020 & CM APPL. Nos. 23664/2020, 22276/2023,
22277/2023
COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH
..... Petitioner
Through: Mr. Arun Sanwal, Adv.
versus
DR OP AGARWAL & ANR. ..... Respondents
Through: Mr. Kavindra Gill, SPC (Senior Panel
Counsel) for R-2/UOI.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE SHALINDER KAUR
J U D G M E N T (oral)
1. The present writ petition under Article 226/227 of the Constitution of
India has been filed by the petitioner seeking the following relief:
"Quash/set aside the impugned order/judgment dated 29.08.2019 and
20.01.2020 passed by the Ld. Central Administrative Tribunal, Principal
Bench, New Delhi."
2. On 25.08.2023 Mr. Gauri Puri, learned counsel for the respondent
no.1 has appeared and submitted that the respondent no.1 has already
expired and his LRs do not want to contest the present writ petition.
3. The respondent no. 2 is a proforma party.
4. The brief facts of the present case are that the petitioner Council of
Scientific & Industrial Research (C.S.I.R) is an autonomous body and has a
dynamic network of 38 national laboratories, 39 outreach centres.
Signature Not Verified
By:NEELAM
Signing Date:24.11.2023
13:05:32
5. The respondent herein was working as a Scientist in petitioner C.S.I.R
and on 21.12.2001 was granted assessment promotion in Group IV(6) in the
grade of Rs.18,400-22,400 w.e.f. 01.01.1999. In 2001, the petitioner herein
advertised the post of Head, Research Planning and Business Development
(RPBD) Division with the last date of submitting the application as
10.10.2001. This advertisement no.5/2001 categorically enunciated the Pay
Scale as Rs.18400-500-22400. It is pertinent to mention here that the
Advertisement was issued under the MANAS rules and therefore the
recruitment procedure and pay scales as per those rules were to be abided by
the petitioner herein.
6. Meanwhile on 07.12.2001, the CSIR Scientists Recruitment Rules
were notified w.e.f. 01.4.2002 for recruitment. As per the rules the scale of
pay for Scientist Group IV(6) was Rs.18400-500-22400 and Scientist Group
IV(7) was Rs.22400-525-24500. It is pertinent to mention here that rules
clearly stipulated that the procedure for promotion and appointment to
Scientist Group IV(7) was to be decided subsequently.
7. Further, the advertisement for the post of Head, RPBD was re-
advertised as Advertisement No. 1/2002 with the last date of filing
applications as 22.03.2002. The respondent no. 1 herein applied for the post
and on 31.05.2002, the screening committee recommended the respondent
and the pay was required to fixed as per normal rules. On 18.06.2022, the
petitioner issued an Office Order no.191 being OM No. 6-3(102)2002-E-III
by which the respondent no.1 herein was appointed as Head, RPBD in the
pay scale of Rs.18,400-22,400. On 24.03.2004 an O.M. was issued by the
petitioner being O. M. no. 17/68/97-PPS for upgradation of 10% post of
Scientists „G‟ and „H‟ in the pay scale of Rs.18,400-22,400 to the scale of
Signature Not Verified
By:NEELAM
Signing Date:24.11.2023
13:05:32
Rs.22,400-24,500 (Additional Secretary Level).
8. Further, the respondent no.1 made a representation on 22.02.2004
requesting for upgradation in the pay scale of Rs.22,400-24,500. However,
vide letter dated 19.05.2004 the applicant was informed that only directors
will be considered for this pay scale. The respondent on 01.03.2005
initiated a note and pointed out as per the CSIR Scientists and Recruitment
and Assessment Promotion Rules, 2001, the desired qualification for
Scientist Group IV(7) was the same as required for Head, RPBD and thus he
should be placed in Scientist Group IV(7) which has a pay scale of
Rs.22,400-24,500/-.
9. Further, vide OM No. 6-8(1483)/86-E-III the respondent no.1 was
informed that the vacancy for the post of Head, RPBD was advertised as per
the old rules i.e. MANAS Group-IV(7). However, it is pertinent to mention
here that after the implementation of the 5th CPC, pay scales of Group IV(6)
and Group IV(7) were merged in the new pay scale of Rs.18,400-22400 as a
result of which both Scientist Group IV(6) and Scientist Group IV(7) were
placed in the revised pay scale of Rs.18,400-22,400.
10. Further, the respondent no.1 vide various letters represented that since
he was already a Scientist Group IV(6), his appointment as Head, RPBD
was to a position of higher responsibility and thus the advertisement was
issued for Scientist Group IV(7) and therefore, he should be granted the pay
scale that was later granted to directors i.e. 22400-24500.
11. Further, on 01.01.2009 the petitioner herein informed the respondent
no.1 that case of the petitioner has been considered by the Competent
Authority and that in view of the provisions Under FR 22 (III), the benefit of
fixation of Pay under FR-22 (1) (A) (i) i.e. position of higher responsibility
Signature Not Verified
By:NEELAM
Signing Date:24.11.2023
13:05:32
cannot be extended to the respondent no.1.
12. Further, the respondent no.1 kept sending representations of the same
issue and, therefore, the petitioner vide its letter dated 14.03.2016 reiterated
its earlier decision given on 01.01.2009. Aggrieved by the aforestated
orders the respondent no.1 filed an O.A. for placing him in Scientist Group
IV(7) and also filed its reply to the Original Application filed by the
respondent under Section 19 of the Administrative Tribunal, 1985 before the
Central Administrative Tribunal, Principal Bench, New Delhi.
13. Thereafter, vide the impugned order dated 29.08.2019, the CAT has
allowed the Original Application („OA‟) No. 1897/2016 filed by the
respondent no.1 herein and directed that the respondent no.1 (since
deceased) shall be extended the benefit of pay scale of Rs.18400-500-22500.
14. The grievance of the petitioner is that the learned CAT has failed to
appreciate the aforesaid Original Application filed by the respondent no.1 on
the ground that the impugned order was passed in the year 2009 whereas the
OA was filed in the year 2016. The order of the learned CAT is against the
clear mandate of Section 21 of Central Administrative Tribunals Act, 1985
and, thus, the OA was filed after eight years without moving an application
for condonation of delay, the learned CAT allowed the OA in complete
disregard of the Act and Law settled by the Supreme Court.
15. It is pertinent to mention here that after the implementation of the
Fifth Central Pay Commission, pay scales of Group IV(6) and Group IV(7)
were merged in the new pay scale of Rs.18400-22400 as a result of which
both Scientist Group IV(6) and Scientist Group IV(7) including directors
were placed in the revised pay scale of Rs.18,400-22,400. However, the
learned CAT has failed to appreciate all the documents on record and placed
Signature Not Verified
By:NEELAM
Signing Date:24.11.2023
13:05:32
undue reliance on a single document dated 11.05.2005 in complete disregard
of the Advertisements as well as the Appointment letter of the respondent
no.1.
16. In addition, the respondent no. 1 pursuant to Advertisements
No.5/2001 accepted with open eyes that the pay scale shall be Rs.18,400-
22,400 and, thus, could not later abrogate the accepted terms and conditions.
17. However, the learned Tribunal in our considered view, while allowing
the O.A. failed to consider the appointment of the respondent no.1 as Head,
RPBD was not a promotion but the scale had been merged and, therefore,
the benefit of FR.22-(1) (A)(i) has wrongly been granted to the respondent
no.1.
18. In view of above, we hereby set aside the impugned order dated
29.08.2019 and modified the order dated 20.01.2020 passed in
M.A./3211/2019 in O.A. 1897/2016 by the learned Tribunal.
19. The petition is, accordingly, allowed and disposed of.
20. The pending applications also stand disposed of.
SURESH KUMAR KAIT, J
SHALINDER KAUR, J
NOVEMBER 20, 2023/ssc
Signature Not Verified
By:NEELAM
Signing Date:24.11.2023
13:05:32
