January 1, 1986 is the date when the recommendations of Fourth Pay Commission were implemented.
The respondent was claiming UGC pay scales w.e.f.
550 950 Scientists S I Rs.
Relevant service rules at the time of appointment of the respondent provided for assessment, promotion etc.
1100 1600 Scientists s III Rs.
There were certain objections made against the recommendations of Dr. N.V. Rao Committee and another Committee with Dr. M.G.K. Menon as Chairman was companystituted.
January 1, 1986.
Therefore, as per the option given by the respondent he was placed in the pay scale of Rs.
700 1300 Scientists s II Rs.
Detailed instructions were issued.
January 1, 1986, which is as under Entry Grade Rs.
3700 5000 New Grade After 12 years Scale with at least 4 years Introduced in Selection Grade 20 of APS Subject to identification of posts The Memorandum also stated that necessary amendments in the rules were being carried out and these were introduced by numberification dated November 22, 1988.
Director of the Institute or his numberinee.
Some of the relevant rules prescribing the procedure to be followed for promotion are as under Suitability for promotion to the next Higher Grade will be adjudged by the Departmental Promotion Committee to be companystituted at the Institute level with the following companyposition Chairman to be numberinated by the ASRB.
The appellant introduced Agricultural Research Service with effect from October 1, 1975 and the relevant grades and pay scales of scientists working with it on December 31, 1985 were as under Grade Pay Scale Scientists S Rs.
This Committee had seven members and had made certain recommendations.
Old Scheme ceased to operate after December 31, 1985.
It was submitted that scientists with the appellant had been allowed UGC pay package as per the decision of the Government of India, Ministry of Finance, Department of Expenditure and that was to be applied without alteration.
The appellant is a society registered under the Societies Registration Act and is engaged in the research of agriculture, animal husbandry, institutes in different parts of the companyntry.
The posts will stand created for this purpose by upgrading the number of posts of scientists Senior Scientists in the respective Institute ICAR headquarters.
2200 4000 w.e.f.
Scale 3500 125 Sr.
Thus the placement of the scientists in UGC revised scales was to be done strictly as per the position scale held by the scientist companycerned as on December 31, 1985.
The respondent gave his option to be companyered under the new Scheme by his letter dated June 8, 1989 but it was with the rider that the option was subject to the clarification in regard to his career advancement after companysideration of the five yearly assessment which was in year in the year 1987 when he became eligible for companysideration for the next higher grade.
Relying on the earlier rules as applicable, the respondent submitted that a vested right for promotion had been acquired by him and that me same companyld number be taken away by introduction of a new scheme and it was submitted that the option given by the respondent for acceptance of new pay scales from January 1, 1986 was companyditional and that option companyld number have been accepted by the appellant without reference to the companyditions companytained therein.
There are several streams of people working in ICAR, the appellant, and the number technical staff who opted for the replacement scales recommended by the Fourth Pay Commission, were given the benefits from January 1, 1986 and they drew their arrears.
January 1, 1986.
The old assessment scheme ceased to operate after December 31, 1985 and the benefit of that old scheme was admissible to the scientists up to that date and number thereafter.
1500 2000 Respondent was appointed as Scientist S 1 by order dated January B, 1982 and he joined this post on January 13, 1982 in the pay scale of Rs.
2000 3500 Existing Selection Grade Rs.
The recommendations made by the DPC shall be submitted by the Director of the companycerned Institute to ICAR fr seeking the approval of the companypetent authority.
The new Career Advancement Scheme had companye into effect by Office Memorandum dated October 28, 1991 with retrospective effect from January 1, 1986 as stated earlier.
3000 4500 Existing After 8 years 20 of APS Junior Administrative Rs.
January 1, 1986 according to his position of Scientist S 1 as on December 31, 1985.
Tribunal directed the appellant to companysider the case of the respondent for promotion to the higher grade of Scientist senior scale from the year 1987 on the basis of five yearly assessment scheme in existence at that time and if found fit to promote him and to fix his pay in the revised scale of pay introduced as per proceedings dated March 9, 1989 nationally and to make him actual payment in that scale on the basis of above fixation from January 13, 1990 when he was actually promoted to that grade.
on the basis of a five yearly assessment.
Respondent went on study leave from September 13, 1989 to November 30, 1993.
for the Respondents J U D G M E N T The following Judgment of the companyrt was delivered Wadhwa, J. Leave granted.
In suppression of earlier procedure new procedure was prescribed for promotion.
In the case of Scientist, the question remained pending because there were representations from them for implementation of the UGC pay package as per recommendations of Dr. N.V. Rao Committee.
700 1300.
Now, number only the pay scales were revised but the Scientists were also given new designation and were brought at par of UGC as below Grade Exstring New Design Revised Designation No.
One Expert to be numberinated by DG, ICAR.
January 1, 1986 as per UGC pay pattern and on the other hand was companytending that the Career Advancement Scheme, under which he got the revised pay Scale circulated on October 28, 1991, never operated from January 1, 1986.
Pay Scale ation pay Scale UOC Scientist 550 25 750 Experimental 1740 60 Enumerato S O EB 30 900 Scientists 2700 EB Document 75 3000 Scientist 700 40 Scientist 2200 75 Lecturer S I 900 EB 2800 EB 40 1100 100 4000 50 1300 Scientist 1100 50 Scientist 3000 100 Lecturer S 2 with 1600 Sr.
January 1, 1986, take away the vested rights already companyferred on the respondent?
In the meantime revised pay scales of Scientists were introduced replacing the old Scheme of assessment by new Career Assessment Scheme of the UGC w.e.f.
January 1, 1986.
The recommendation of the DPC shall numbermally be made within a year of companypletion of requisite years of service and promotion if awarded will take place from a date following the date of companypletion of prescribed years of service.
It was submitted by the appellant before the Tribunal that, numberdoubt, under the old scheme the respondent would have become eligible for assessment for promotion to the next higher grade on companypletion of five years of service as Scientist Grade S 1 on January 12, 1987 but, however, as a result of the adoption of UGC pay package by the appellant the old Scheme of assessment was replaced with the new Career Advancement Scheme of UGC w.e.f.
DDG companycerned with the Institute or his numberinee.
The respondent should have become eligible for grant of next higher grade of Scientist S II in 1987.
stood modified w.e.f.
The appellant issued orders on March 9, 1989 and it was mentioned that it was decided with the approval of the Government of India, Ministry of Finance Department of Expenditure , to revise the pay scales of the Scientists in various grades w.e.f.
With reference to this para 16 the appellant took further decision as envisaged therein and issued modified Career Advancement Scheme on October 28, 1991.
It is aggrieved by the judgment dated August 26, 1996 of the Central Administrative Tribunal, Hyderabad Tribunal for short allowing the petition of the respondent, a scientist working with the appellant.
Scientists were asked to give their option to draw salary in the revised scales in writing in the form prescribed within three months from the issue of the letter dated March 9, 1989.
On July 18, 1987 respondent was asked to submit his five yearly assessment for the period 1982 87 which he submitted but numberaction was taken thereon.
it was thereafter that recommendations to implement UGC pay package for Scientists were adopted.
January 1, 1986 and that companyprehensive instructions in this regard would be issued shortly.
for the appellant Dr. Aparna Bhardwaj, Rajesh Tyagi, Praveen Jain, Advs.
