S. B. Majmudar, J. - (1.) Indian Council of Agricultural Research (ICAR for short) through its Directors General has moved this appeal on special leave against the judgment and order rendered by Central Administrative Tribunal. Jodhpur Bench, Jodhapur in Original Application filed by the respondent herein. In order to appreciate the grievance of the appellant a few introductory facts are required to be noted at the outset.
(2.) The respondent was initially selected by the Union Public Service Commission on the post of Plant Physiologist in the year 1960 and accordingly joined the Agricultural Department of Government of India on 1st October, 1960 at Central Arid Zone Research Institute, Jodhpur, Rajasthan. On 6th March, 1967 the respondent opted for the service of ICAR and he was absorbed in its service and was given substantive appointment with effect from 1st December 1966. On 9th April, 1975 the respondent was selected for the post of Head of Division of Soil Water Relationship which was subsequently reorganised and re-designated as Division of Arable Copying System. Respondent was given a time scale of Rupees 1800-2000/-.
(3.) In the year 1975 ICAR restructured is services and constituted a service known as Agricultural Research Service (ARS" for short. This service was constituted with effect from 1st October, 1975 and the rules regulating the constitution of the service were also framed by the appellant. It is the case of the ICAR that pursuant to the formation of ARS the scientists working under it were required to furnish bio-data for induction in ARS and that the respondent did not furnish his bio-data till 30th September, 1980, the last date for submitting the bio-data, in response to guide-lines of ICAR as a result of which he was not considered for induction into ARS. That on 8th December, 1976 respondent submitted a representation to the Director General, ICAR to grant him next higher grade, namely, Rs. 1800-2250/-. According to the ICAR the induction into the ARS was a one time operation and was to be done strictly in accordance with the prescribed procedure laid down for this purpose. Under the Rules the prescribed time limit was 30th September, 1980. In the ARS induction of scientists was to be effected in the appropriate time scales available in ARS. That for the scientists holding posts in the scales of Rs. 1500/- 1800/- Rs. 1500-2000/- and Rs. 1800-2000/- only one grade of S.-3 of Rs. 1500-2000/- was available for induction. According to the appellant the respondent was not willing to be absorbed in S-3 grade but wanted induction in S-4 grade in the scale of Rs. 1800-2250/-. Result was that respondent remained outside the purview of ARS. In the meantime an order came to be passed by President of ICAR on 16th July, 1985 continuing the respondent on a permanent basis in ICAR excluding his post from ARS. The said order was not challenged by the respondent at any time thereafter. It appears that subsequently when UGC pay scales were introduced for ARS scientists holding different grades from S to S-3, the respondent who was all throughout continuing as Head of the Department had second thought and submitted his option on 20th August, 1988 for induction in ARS. The ICAR by an order dated 9th March, 1989 adopted UGC Pay Scales for the ARS scientists with effect from 1-1-86 as per the decision of the Government of India. As the respondent was outside the ARS he did not get this benefit of UGC pay scales. The respondents contention was that he should be deemed to be absorbed in ARS even on the then existing S-3 pay scales which got revised upwards as per UGC pay scales to Rs. 4500-7300/-. As this was not made available by the ICAR to him he moved the Tribunal by an application. The said application, as noted earlier, came to be granted by the Tribunal by the impugned order which is challenged by the appellant in this appeal.;