INDIAN COUNCIL OF AGRICULTURAL RESEARCH, KRISHI BHAWAN, NEW DELHI Vs. BHEEM RAJ SOLANKI S/O SHRI MISHRI LAL, RESIDENT OF 70, RAVI NAGAR, VILLAGE PAL, DISTRICT JODHPUR

JUDGEMENT

(1.) The present writ petition assails order dated 18.8.2016 allowing O.A. No.290/00271/15 by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur. The Tribunal set aside the order dated 11.12.2014 and has directed grant of special increment to the Respondent on account of his wife having undergone sterilization operation and granted relief from the month of February, 1994 with 9% p.a. interest.

(2.) Learned Counsel for the Petitioners submits that the wife of the Respondent underwent sterilization in 1994. He applied for grant of increments under the Scheme in 1997 which was granted in 1999. It was subsequently cancelled on 27.10.2006. The cancellation order was never challenged and attained finality. The Respondent represented six years later in 2012. The Tribunal despite noticing the delay on part of the Respondent including absence of any challenge to the order dated 27.10.2006 nonetheless has yet granted relief from 1994.

(3.) It was next submitted that in the service records the name of the wife of the Respondent was mentioned as Sonika Devi, while in the sterilization certificate her name is mentioned as Sohani Devi. Referring to Rule 54 (12)(b) of the Central Civil Services (Pension) Rules, 1972 it was submitted that any change with regard to entries in service records was required to be intimated and correction made in the service book accordingly. The Petitioners therefore legitimately required the Respondent to apply for appropriate corrections in the service book so that his claim could be considered in accordance with law. Grant of any relief to the Respondent in the circumstances without corrections in the service book may invite audit objections.