BAL KRISHNA CHOUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 19 October 2012 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad1 by which Original Application No.1180 of 2009 filed by the petitioners under Section 19 of the Administrative Tribunal Act, 1985 has been dismissed. The petitioners also seek the quashing of the order dated 29 May 2009 passed by the Director of the Indian Grassland and Fodder Research Institute, Jhansi2 by which the representation filed by the petitioners for grant of pensionery benefits has been rejected.

(2.) The petitioners were appointed as Research Fellows on a fixed fellowship of Rs.500/- per month by office memorandums dated 24 April 1978 and 1/3 July 1978 on purely temporary basis for a period upto 31 December 1978. This was done as the process for appointment of Scientists in the newly constituted Agricultural Research Services3 was likely to take some time. A separate scheme called "Research Fellowship Scheme" was, accordingly, announced by the Indian Council for Agricultural Research4 for appointment of Research Scholars against the vacant positions of Senior Research Assistant/Research Assistant. The period of appointment of the petitioners was subsequently extended from time to time.

(3.) Writ Petition No.12593 of 1984 was filed by the petitioners and two other Research Fellows before the Supreme Court with a prayer that their appointments should be regularized on the post of Scientist Grade S-I with effect from the date they joined as Research Fellows in 1977-78. This petition was disposed of by the Supreme Court on 25 March 1985 in view of the statement made on behalf of the respondents that the petitioners would be allowed to appear at the ARS examination to be held in 1986 after relaxing the age requirement. The Supreme Court also ordered that the services of the petitioners shall not be terminated until the next examination is held.