INDIAN COUNCIL OF AGRICULTURAL RESEARCH Vs. RAJINDER SINGH

JUDGEMENT

(1.) The appellants are aggrieved by an order dtd. 21/7/2010 passed by the High Court [High Court of Delhi] in Writ Petition [W.P.(C) Nos. 3364-65/2004] filed against the order dtd. 18/7/2003 [Passed in OA No. 2939/2002] passed by the Tribunal [Central Administrative Tribunal, Principal Bench, New Delhi]. The Tribunal had allowed the application filed by the respondents, extending them the benefit of the scheme [Order No. 1 (15)98-Per IV of Indian Council of Agricultural Research, Krishi Bhavan, New Delhi] dtd. 27/2/1999 in terms of which a scientist was eligible for two advance increments as and when he acquires a Ph.D. degree in his service career.

(2.) Briefly the facts as are available on record are that the appellant No.1-Indian Council of Agricultural Research (ICAR) before this Court is a Society registered under the Societies Registration Act, 1860. It is engaged in agricultural research. On 1/10/1975, the appellant No.1 constituted two services namely Agricultural Research Service (in short "ARS") and Technical Service (in short "TS"). These are governed by two sets of Service Rules. The nature of duties performed by the incumbents employed under the two services are totally different.

(3.) Learned Counsel for the appellants submitted that the Tribunal, while allowing the application filed by the respondents had travelled beyond the jurisdiction vested in it. It was wrongly opined that both categories of employees, namely the scientists and technical personnel, are working with the appellant for the same object, hence, there should not be any distinction. If the scientist were granted two advance increments on acquiring Ph.D. qualification during service, the respondents should not have been discriminated. The Tribunal could not have ventured into this aspect of the matter as the competent authority, in its wisdom, had granted the benefit of two advance increments to the category of employees, who deserved it. Merely because other sets of employees also obtained the same qualification, they will not be eligible to get those benefits.