KASLIWAL, J. - (1.) THE appellants who are Scientists working in various Institutes under Indian Council of Agricultural Research (in short 'ICAR') throughout the country have filed this appeal against the order of the Central Administrative Tribunal, New Delhi dated 5-10-1990. Some of the appellants had filed a Writ Petition No. 550 of 1990 before this Court under Article 32 of the Constitution challenging the notification issued by the ICAR dated 9-3-1989 and for other connected reliefs. This Court disposed of the said Writ Petition by order dated 3-5-1990 in the following manner :- "THE main relief which the petitioners ask for in this writ petition is about revision of pay-scale and other connected service benefits. When we suggested to learned counsel that the matter should go before the Central Administrative Tribunal, he has indicated certain difficulties which are like the officers being spread over in different parts of the country and the difficulty in co-ordinating the cases for disposal, in case they are required to go before the Tribunal and the fact that there may be inordinate delay in disposal and in obtaining the relief. We are of the view that the matter can be appropriately considered by the Tribunal for overcoming the difficulties. indicated by Mr. Sanghi, we direct the Central Administrative Tribunal to treat the petition that is going to be filed at the Principal Bench at Delhi as the representative petition and dispose of the same within six months from the date it is filed. This petition is allowed to be withdrawn."
(2.) IN pursuance to the above order dated 3-5-1990 some of the appellants filed an application No. 1510 of 1990 under Section 19 of the Administrative Tribunals Act before the Central Administrative Tribunal, Principal Bench, Delhi. The Tribunal treated the aforesaid application as having been filed in representative capacity of S-2 and S-3 Officers of the ICAR, pursuant to the directions of the Supreme Court in its order dated 3-5-1990. In order to appreciate the controversy, we shall state the facts in brief. The Imperial Council of Agricultural Research, a Society established under the Societies Registration Act in the year 1929 was redesignated as the Indian Council of Agricultural Research after the advent of independence. Till 1965, the ICAR was largely functioning as a co-ordinating agency and apex body for financing research projects. With effect from 1966, administrative control over the Indian Agricultural Research institute (IARI) and other such Institutes was transferred to ICAR simultaneously placing the staff of such Institutes at the disposal of the ICAR. A department of Agricultural Research and Education was set up in the Ministry of Agriculture and the said department came into existence on 15-12-1973. The ICAR is fully financed by the department of Agricultural Research and Education (DARE), Ministry of Agriculture and Co-operation, Government of India. ICAR follows the rules of Government of India Mutatis Mutandis. The ICAR has been held to be 'State' within the meaning of Article 12 of the Constitution as per the judgment of this Court in the case of P. K. Iyer v. Union of India, reported in (1984) 2 SCR 200 : (AIR 1984 SC 541). The ICAR started an Agricultural Research Service (in short 'ARS')with effect from 1-10-1975 and the relevant grades and pay-scales as on 31-12-1985 are given as under :- JUDGEMENT_182_1_1993Html1.htm
(3.) THE Scientists of the ICAR who were earlier covered by the Third Pay Commission pay scales had been demanding parity in pay-scales with the employees of the Agricultural Universities who were also financed by the ICAR. After persistent demand, the ICAR agreed to revise the pay scales with effect from 1-1-1986 vide notification No. 1-14/87-Per IV dated 9/03/1989. According to the appellants, the aforesaid notification though benefited some of the Scientists, but was denying the principle of Equal Pay for Equal Work in the case of the appellants and the like and the said notification had further placed persons much junior to many of the appellants in a higher scale of pay resulting in violation of the fundamental rights of the appellants guaranteed under Articles 14 and 16 of the Constitution. In order to appreciate the grievances of the appellants the pay scales as revised by the ICAR vide the impugned notification dated 9-3-1989 are given as under: JUDGEMENT_182_1_1993Html2.htm Certain clarifications were issued to the above notification vide letter No. 1- 14/ 87-Per. IV (Vol. III) dated 31-3-1989, order No. 1-7/89-Per. IV (Vol. III) dated 14-6-1989, order No. 1-7/89-IV dated 6-11-1989 (Vol. II) and order No. 1-7/89-Per. IV dated 6-7-1990.;