BINOD KUMAR Vs. INDIAN COUNCIL OF AGRICULTURAL RESEARCH

JUDGEMENT

(1.) Heard learned counsel for the petitioner Mr. Indrajit Sinha and Mr. Manish Kumar for the Respondents.

(2.) Applicant is the petitioner being aggrieved by the dismissal of Original Application No. 051/00222/ by the order dated 09.08.2018 passed by the learned Central Administrative Tribunal, Patna Bench, Circuit Bench at Ranchi, whereunder learned CAT while disposing of the remaining Original Applications bearing nos. 051/00223/2016, 051/00224/2016 and 051/00225/2016 in the light of the order passed in O.A. No. 862/2014 by the Principal Bench, Central Administrative Tribunal by setting aside the recovery from those applicants towards excess payment, seems to have declined the relief prayed for by this applicant, though not specifically stated so.

(3.) However, in the case of this applicant, there was no recovery sought to be made. Apart from that, case of this applicant was different from that of the other applicants in the sense that this applicant was governed by the Technical Service Rules, 1975, (in short "T.S.R, 1975?) as amended with effect from 01.02.1995 and had got promotion up to T-5 in Category-II only, since he had not got the requisite qualification for promotion to the category-III and accordingly, opted out of the amendment to T.S.R, 1975 introduced with effect from 03.02.2000.