ANJANI KUMAR, SUDHIR AGARWAL, J. - (1.) AGGRIEVED by the order dated 17.4.2001 passed by Central Administrative Tribunal, Allahabad dismissing TA No. 18 of 1997, the petitioners have come up in this writ petition under Article 226 of the Constitution.
(2.) THE facts, in brief, as stated in the writ petition are that Indian Grassland and Fodder Research Institute (hereinafter referred to as the "Institute") was established in 1962 by the Government of India with specific purpose of carrying out research on grasses. Grass Lands and Fodder Crops and for maintaining production of high quality forage for efficient animal production maintaining soil fertility and crop production evolving high yielding fertilizer etc. The petitioner No. 1 secured M. Sc. degree in Botany with specialization in Forest Ecology from the University of Sagar, Madhya Pradesh in 1974-75 in first division and, thereafter joined Doctorial Research Course on "Ecological Studies of the Forest" at Sagar University. Similarly, petitioner No. 2 obtained his M.Sc. degree in 1972-73 in Botany from Sagar University with specialization in Forest Ecology and was admitted as Honorary Research Worker in the Institution where he worked till February, 1974 in the said capacity. Thereafter, he was engaged on daily wage basis as skilled labour to do research work in the institution. Petitioner No. 3 secured M.Sc. Degree in Zoology with specialization in Entomology from Aligarh, Muslim University and joined research and worked till 1972 and thereafter for sometimes worked as Teacher in Government Higher Secondary School, New Delhi. All these petitioners were employed as daily wage workers to conduct research work in respective fields and they joined in November, 1976, February, 1974 and in January, 1976 respectively. The Institute for administrative control, is governed by the Director of Indian Council of Agricultural Research, Krishi Bhawan, New Delhi (hereinafter referred to as "ICAR") which issued a circular dated 31.12.1975 informing various Agricultural Research Institutes regarding constitution of a new service namely "Agricultural Research Service" that it has been introduced with effect from 1.8.1975 and till the Rules are framed for the said service, the Senior Research Assistants and Research Assistants, who possess minimum qualifications and found suitable for inclusion into the said service would be inducted in Grade-S of the service in the pay scale of 550-900. It also provide that no fresh recruitment shall be made in Grade-S and in due course of time the said Grade would die away with promotion of existing Senior Research Assistants and Research Assistants to Grade-S-1 of the Service and further direct recruitment shall be made in Grade-S-1 only which shall be made through competitive examination conducted by Agricultural Scientist Recruitment Board. Since the process of appointment under the said letter was likely to take time, the ICAR decided that pending appointment of regular Scientists under Agricultural Research Service, a fellowship scheme should be introduced and service of young researchers may be availed in the Institute for conducting various approved programmes. It, accordingly, approved creation of fellowship scheme and appointment of 700 research scholars under the said scheme, which was to be operative for a period not exceeding 2 years commending from 1.1.1976. The appointment of Research Scholars was extendable by another year depending upon the progress of recruitment of regular Agricultural Research Service Candidates. The mode of recruitment and other terms ad conditions of appointment of research scholars under the said scheme was as under: "Eligibility. - The Fellowship will be admissible to persons of Indian Nationality as defined in the Constitution of India or persons domiciled in India irrespective sex, race or religion. Only the research scholars with Ph.D. or at least 2nd Class M.Sc. degree will be eligible for selection under the scheme. The research scholars with Ph.D. degrees will be designated as Senior Research Scholars and given a fellowship of Rs. 700/- per mensum while those with M.Sc. degrees will be designated as Research Scholars and allowed a Fellowship of Rs. 500/- per mensum. Age limit. - The upper age limit for Research Scholars will be 40 years and for Senior Research Scholars 45 years, on the first day of July of the year in which recruitment is made. Mode of Selections. - The applications for the fellowships will be invited from the eligible candidates through advertisements in major English and language, papers. After a preliminary screening of the applications received in reasons to the advertisement, the candidate will be called for interview and selected the respective Directors of the Institute on the recommendations of Selection Committee to be constituted for the purpose consisting of the following: 1. Director of the Respective Chairman Institute of his nominee. 2. Head of the Division Member with the discipline for which the candidates are to be considered. 3. An expert to the discipline Member to be obtained from an Agricultural or other University located near to the Institution. T.A. - (i) The research scholars selected for interview will be entitled to reimbursement of travelling expenses equal to single 2nd class rail-fair from railway station nearest to this place of residence to the place of interview and back. If his place of residence is connected by rail as well as by road of partly rail and partly by road, he will be entitled to 2nd class rail fare and/or lower class bus fare whichever is less. (ii) The research scholars finally selected for the fellowships will be paid 1/1-1/2 2nd class rail fare by shortest route from his place of residence for joining the Institute and for return journey on completion of fellowship. If his place is connected as well as by road and/or partly by rail and partly by road, he will be entitled to 1-1/2 2nd class railway fare and/or lower class bus fare whichever is less. (iii) During he term of fellowship, if the research scholar is required to perform journeys, he will be entitled to travelling allowance at the rates admissible to regular employees of the Institute, of his grade. Leave. - The nature of leave admissible to research scholars will be: (a) 12 days casual leave per annum. (b) Special leave for 10 days on medical grounds only, on full fellowship. (c) In exceptional cases, leave upto a maximum of 3 months on medical ground only, without any fellowship, and (d) Any other holidays announced by the Institute for their regular employees. Leave will not be granted as a matter of right. Termination of the Fellowship. - (i) The fellowship will be terminated on completion of his term of appointment or on the date the sanctions of the Fellowships Scheme expires, whichever is earlier. (ii) The fellowship may also be terminated by the Director of the Institute with or without notice. If an any time, the scholar is found to be negligent in his work or is guilty of unbecoming conduct. (iii) If any Research Scholar leaves his assignment without per­mission of the Director of the Institute, he shall not paid any to fellowship amount due to him but not paid to him by the Institute. Other conditions of service. - (i) The selected research scholars will be under the administrative control of the Head of the concerned Institute. (ii) The research scholars will devote their whole time to the assignment given to them by the Director of the Institute and will not be allowed to accept or hold another appointment, paid or otherwise. (iii) If any residential accommodation is provided by the Institute where the research scholar is working, rent will be payable by him in accordance with the Rules of the Institute. (iv) The selected research scholars will not be entitled to: (a) Benefits of ICAR provident fund. (b) Medical facilities or reimbursement of any expenditure incurred for medical treatment and (c) Any residential accommodation." Para 5 of the said circular provides that the fellowship will be of two categories, one of Research Scholars with a fellowship of Rs. 500/- per mensum- and another for Senior Research Scholars with a Fellowship of Rs. 700/- per mensum. Pursuant to the said scheme, he institute published an advertisement on 18.3.1976 inviting applications for Research Fellows. The amount pf fellowship was advertised as under: 1. Rs. 700/- per month for (consolidated) Tenable for holders of Ph.D. Degree, one year in 2. Rs. 500/- per month for (consolidated) the first holders of at least 2nd class instance. Master's degree" The petitioners applied, selected and were appointed as Research Fellows on fixed fellowship of Rs. 500/- p.m. The appointment letter of petitioner No. 1 is dated 18.5.1971 (Annexure-4 to the writ petition). The appointment of petitioners claimed to have been extended by different orders. Ir, the meantime, they filed a Writ Petition No. 4082 of 1986 alleging that payment of Rs. 500/- p.m. to a qualified Scientist is highly unfair though the petitioners are doing work of scientific research necessary for the growth of economy and the nation and therefore, payment of such meager amount was arbitrary and amounts to Begar prohibited under Articles 14 and 23 of the Constitution. They also contended that they were engaged as Research Fellow but in fact said appointments were against the sanctioned vacancies of Scientist-S and, therefore, the petitioners were entitled for all the benefits and pay scale as applicable to the post of Scientist-S. The writ petition was transferred to the Central Administrative Tribunal under Section 29 of the Administrative Tribunal Act, 1985 and has been dismissed vide judgment impugned in this writ petition.
(3.) THE learned Counsel for the petitioners contended that they were selected through a Selection Committee, which is same as is required to be constituted for appointment of Scientist Grade-S. The qualification possessed by the petitioners also same as required to be possessed for appointment to the post of Scientist Grade-S. Further against the sanctioned post of Scientist Grade-S the Research Fellowship was sanctioned and petitioners were appointed. Therefore, for all practical purposes, they were entitled to the same salary, since they were discharging same duties as were required by a Scientist Grade-S and denial of payment of salary in the requisite pay scale was violative of Article 14 of the Constitution and contrary to the principle of "equal pay for equal work". Reliance is placed on the Apex Court judgment in State of West Bengal and others v. Pantha Chatterjee and others, AIR 2003 SC 3569: JT 2003 (5) SC 448.;