SABINA AHMED Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) Heard Mr. U. K. Nair, learned senior counsel assisted by Mr. H. K. Das, learned counsel appearing for the petitioners in both the writ petitions. Also heard Ms. Jupitora Das, learned Standing Counsel, ICAR appearing for the respondent Nos.1, 2 and 3 and Mr. I. Kalita, learned Standing Counsel, Assam Agricultural University appearing for the respondent Nos.4, 5 and 6 in both the writ petitions.

(2.) The writ petition registered and numbered as WP(C) 3974/2022 has been preferred by the technical staff working in the Krishi Vigyan Kendras (KVKs) whereas WP(C) 3964/2022 has been preferred by some of the non-technical staff working in the KVKs under the Assam Agricultural University (AAU), Jorhat being aggrieved by the order dtd. 2/5/2022 issued by the Under Secretary, Indian Council of Agricultural Research (ICAR) suspending the payment of Non-Practicing Allowance (NPA), Special Duty Allowance (SDA), Special Compensatory Allowance (SPA) and Travelling Allowance (TA) earlier paid to the employees of the KVKs under the aegis of the AAU, Jorhat from the ICAR funds. The impugned order was apparently passed based on a complaint filed by the President of Hindu Yova Chatra Parishad, Asom. The case of the petitioners, briefly stated, is that they are all engaged in various KVKs coming under the administrative control of the AAU, Jorhat. Pursuant to the Central Pay Revision recommendations, which came into effect from 1/1/2016, the petitioners were given the option to either opt for the pay-scale applicable to the Assam Agricultural University or the one applicable in case of employees coming under the ICAR. Accordingly, the petitioners had opted for the pay scale of ICAR by taking note of the fact that although the Grade Pay was less in this Pay Scale, yet, the employees would be entitled to certain additional allowances such as NPA, SDA, SCA and therefore, the gross emolument of the employees would be higher than that receivable under the pay scale of the AAU. The contention of the petitioners is that the funds for release of salary and allowances payable to the petitioners are consistently being released by the ICAR and accordingly they have been receiving ICAR pay scale along with the aforesaid allowances since 1/1/2016. However, with effect from the month of May, 2022, the component of NPA, SDA, SCA and TA payable to the petitioners have been abruptly suspended vide order dtd. 2/5/2022. In view of the instructions issued by the ICAR authorities vide sanction order dtd. 31/5/2022 those allowances have been stopped only in case of those employees of the KVKs coming under the AAU. Aggrieved thereby, the writ petitions have been filed.

(3.) The essence of arguments of Mr. Nair, learned senior counsel appearing for the writ petitioners is primarily two fold. Firstly, that the aforesaid decision of the ICAR authorities communicated vide order dtd. 2/5/2022 is wholly arbitrary, discriminatory and violative of the principles of equality as enshrined in Articles 14 and 16 of the Constitution of India in as much as the ICAR is continuing with payment of such allowances in case of employees of all other KVKs coming under various host institutions including the Government of Arunachal Pradesh, District authorities of Papumpare, East Siang and Goalpara, Government of Sikkim as well as an NGO in Dima Hasao while suspending payment of such allowances only in respect of the KVKs coming under the aegis of the AAU, Jorhat. Secondly, the respondents had issued the impugned notification dtd. 2/5/2022 merely acting on the basis of a complaint made by the President of Hindu Yuvo Chatra Parishad, Asom, who had nothing to do with the KVKs and that too, without serving any prior notice either upon the AAU, Jorhat or the beneficiaries of such allowances. As such, the impugned order is hit by violation of the principles of natural justice and administrative fair play.