UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Order (Annexure-P.2) dated 7.1.1999 passed by the Central Administrative Tribunal, Principal Bench, New Delhi disposing of Miscellaneous Application No. 2726/98 in O.A.2560/98 filed by respondents 2 to 5 is under challenge by the petitioners.

(2.) . The respondents working as scientists in different Institutions under Indian Council of Agricultural Research (for short "I.C.A.R."), approached the Tribunal on 28.12.1998 against the proposed action to retire them on attaining the age of 60 years. On 29.12.1998, while issuing notice in the main petition, by way of interim measure, the petitioners were restrained from retiring the respondents on 31.12.1998. After hearing the miscellaneous application impugned order was passed holding that it was a fit case where interim order deserves to be extended till final disposal of the petition on the condition that the respondents shall give an undertaking before their respective Institutions / Directorates that in case they do not succeed in their petition, they shall deposit back, in lump sum, the excess salary received by them.

(3.) . The challenge by the petitioners to the impugned order is on various grounds. The main ground being that Bye-law 33(a) of I.C.A.R. provides age of supperannuation of scientific and technical personnel as 60 years and no extension of service is permissible unless absolutely essential in the interest of research. I.C.A.R. is only a deemed university for the purpose of giving recognition to the degrees so offered by the Institutes and cannot be considered as an university falling within the parameters of Section 4 of the University Grants Commission Act. Tribunal erroneously assumed that the recommendtions of Chadha Committee, constituted to ad vise on pay package, retirement age and other conditions of service of teachers/scientists etc. recommending the raising of the retirement age from 60 to 62 years, had been approved by the Agriculture Minister (the Prime Minister), who is also the Ex-officio President of I.C.A.R. There was no such approval on the file. Approval was only to the note of putting up the recommendations of the Committee before the Cabinet for its approval. Only on approval by the Cabinet that the recommend a tions of the Chadha Committec, if ultimately approved by the Governing Body, any right would have accrued to the respondents to claim increase in the age of retirement. Neither the Cabinet, nor the Governing Body had yet approved the recommendations of the Committee. To the contrary the Cabinet had returned the proposal. The Department of Personnel and Training had also raised serious objection while putting up the recommendation of Chadha Committee before the Cabinet. In this view of the matter, the Tribunal, in the impugned order, wrongly assumed that "admittedly the proposal to enhance the age of retirement of the scientists, engaged in teaching and research has been approved by the President of ICAR, namely, the Prime Minister of India as the Minister-in-Charge of Agriculture." The Tribunal also wrongly assumed that the proposal relating to the extension of age from 60 to 62 years, in ICAR Scientists duly approved by the Department of Expenditure and Department of Personnel and Training stands submitted to the Cabinet. As a matter of fact Department of Personnel and Training had objected to the recommendations. On misreading of record and on this erroneous premise the Tribunal remarked that "the possibility of the Governing Body not agreeing to the Cabinet decision is remote since the proposal has emanated from the Council itself duly approved by Agriculture Minister."