INDIAN AGRICULTURAL RESEARCH INSTITUTE Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE petitioner has impugned the order dated 21st September, 2000 passed by the Central Administrative Tribunal, Principal Bench in OA No. 677/1998 titled as Sh. Anil Kumar Gupta Vs. Indian Agriculture Research Institute, whereby the original application filed by the respondent No.2 was allowed in terms of the order dated 31st March, 1997 passed by the Tribunal in OA No.438/1997 titled as Dr. D.S. Rana and Ors. Vs. Union of India & Ors., whereby the Tribunal had directed the petitioner to consider the applicants in OA No. 438/1997 for appropriate placement including appointment pursuant to a scheme or for their absorption. THE Tribunal had passed the order dated 21st September, 2000 in the original application of the respondent No.2 on the same terms and conditions and had directed regularization of the respondent no.2 within two months.

(2.) THE learned counsel for the petitioner has impugned the order dated 21st September, 2000 on the ground that the Tribunal has relied on the order dated 31st March, 1997 passed in OA No. 438/1997, which order was modified in Civil Writ Petition No. 3417/1997 titled as Indian Agricultural Research Institute and Ors. Vs. Dr. D.S. Rana and Ors. by order dated 9th July, 1999 holding that instead of regularizing the services of Dr. D.S. Rana and others, the applicants in OA No.438/1997, they would be considered for regularization against the regular vacancy or post as and when they will occur in accordance with the Rules and Guidelines of the petitioner.

(3.) THEREFORE, for the forgoing reasons the impugned order dated 21st September, 2000, especially para 4 of the said order giving directions to the petitioner is also modified in terms of the order dated 9th July, 1999 and 20th October, 2000 passed in CW No. 3417/1997 titled as Indian Agricultural Research Institute Vs. D.S. Rana & Ors., in this case also, as and when regular vacancy or post occurs, respondent No.2 shall be considered against the same as a separate block and not along with fresh entrants on the basis of the record available to the petitioner, in accordance with the rules and guidelines of the petitioner.