ANUPAMA CHHETRI vs M/o AGRICULTURE on 14 October 2026

ORDER

PER R.S. DOGRA, MEMBER (J):

The instant OA has been filed by the applicants praying for the following relief(s):- O.A. No. 40/106/2025 “8.1 That the Hon’ble Tribunal be pleased to direct the respondents to grant the benefit of regular appointment to the present applicant to the post of MTS, at least from the date of joining of the applicant to the post of MTS with effect from 17.10.2013, after being duly selected by a duly constituted committee pursuant to advertisement dated 15.06.2012 issued by the Central Agricultural University, Imphal, Manipur with all consequential benefit including seniority and pay protection in modification of the impugned order dated 28.09.2024.

8.2 That the Hon'ble Tribunal be pleased to declare that the present applicant is entitled to benefit of regularization to the post of MTS at least from the date of joining of the present applicant as MTS on 17.10.2013 at per with similarly situated employee Sri Sonam Bhutia MTS with all consequential benefit including seniority and pay protection in modification of the impugned order dated 28.09.2024 (ΑΝΝEXURE-A1).

8.3 That the Hon'ble Tribunal be pleased to declare that the present applicant is legally entitled to benefit of basic pay of Rs. 24,900/- which applicant is presently drawing due to earning of regular increments, since 2013 onwards as MTS in the event of implementation of the impugned appointment order dated 28.09.2024 (ANNEXURE-A1). 8.4 Costs of the application.

8.5 Any other relief(s) to which the applicant is entitled to as the Hon’ble Tribunal may deem fit and proper.”

O.A. No. 119/2025

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8.1 That the Hon'ble Tribunal be pleased to direct the respondents to grant the benefit of regular appointment/Regularization to the present applicant to the post of MTS, at least from the date of joining of the applicant to the post of MTS with effect from 08.10.2013, after being duly selected by a duly constituted committee pursuant to an advertisement dated 15.06.2012 issued by the Central Agricultural University, Imphal, Manipur with all consequential benefit including seniority and pay protection in modification of the impugned order dated 28.09.2024 (ANNEXURE-A/l). 8.2 That the Hon'ble Tribunal be pleased to declare that the present applicant is entitled to benefit of regularization to the post of MTS at least from the date of joining of the present applicant as MTS on 08.10.2013 at per with similarly situated employee Sri Sonam Bhutia, MTS with all consequential benefit including seniority and pay protection in modification of the impugned order dated 28.09.2024 (ANNEXURE – A/1). 8.3 That the Hon'ble Tribunal be pleased to declare that the present applicant is legally entitled to benefit of basic pay of Rs.24,900/- which applicant is presently drawing due to earning of regular increments, since 2013 onwards as MTS Belder in the event of implementation of the impugned appointment order dated 28.09.2024 (ANNEXURE-A 1 ). 8.4 Costs of the application. 8.5 Any other relief(s) to which the applicant is entitled to as the Hon'ble Tribunal may deem fit and proper.

2. Since both the OAs involve identical facts and common questions of law, they were heard on the same day and are now being disposed of by this common order.

3. The present O.A.(s) have been filed by the Applicants against the impugned order of regular Appointment/Absorption Order dated 28.09.2024 passed in compliance with the judgment of this Tribunal in OA Nos.

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73/2018 and 114/2018 dated 16.05.2024, which were upheld by the Hon’ble Manipur High Court. However, in compliance with the aforesaid judgments and orders the present respondents now bearing Compliance Order dated 28.09.2024, have issued order of regular appointment/absorption in favor of the present applicant to the post of MTS/MTS Belder at Central Agricultural University, Imphal in the pay matrix level- l of Rs. 18,000/- per month (7th CPC) along with other allowances as admissible from the date of their joining to the post of MTS in terms of the relevant conditions laid down in the impugned order of regular appointment dated 28.09.2024; however the applicants, in the instant original application, are challenging the impugned order of regular appointment dated 28.09.2024 only to the extent of praying for a direction upon the respondents to grant the benefit of regularization to the applicants at least from the date of joining as MTS with effect from 17.10.2013/08.10.2013 with all consequential benefits including protection of basic pay of the applicants which have already reached upto the basic pay of Rs. 24,900/-, which applicants have already earned at present in the month September 2024 after rendering l1/12 years of service as MTS

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continuously without any break in service after their selection and appointment to the post of MTS pursuant to an advertisement bearing letter no 2/2012 dated 15.06.2012. Therefore, applicants have earned more than 11 increments while serving with effect from 17.10.2013/08.10.2013 continuously. As such, the limited prayer of the applicants in the instant original application to grant regularization at least w.e.f 17.10.2013/08.10.2013 i.e. from the initial date of appointment as MTS with all consequential benefit including seniority as well as protection of basic pay of Rs. 24,900/- to the applicants, which they were drawing in the month of September, 2024 just before issuance of the impugned regular order of appointment dated 28.09.2024 in the post of MTS but the applicants are under apprehension that the respondents while carrying out fresh fixation of pay of the applicants in the pay matrix level-l of Rs. 18,000/- per month along with other allowances in terms of the impugned regular appointment order dated 28.09.2024 are now going to be taken away in terms of the conditions laid down in the regular appointment order dated 28.09.2024 as passed by the Respondents. In that event, respondents may reduce the basic pay of the applicants

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at the initial stage of Rs. 18,000/-, since the regular appointment of the applicants is now declared to be effective from the date of joining as MTS as per the terms and conditions laid down in the impugned order dated 28.09.2024. As such, applicants have acquired a valuable legal right to be regularized at least from the date of their initial joining as MTS w.e.f. 17.10.2013/08.10.2013 with all consequential benefit including benefit of pay protection and seniority. But, surprisingly vide impugned order of regular appointment dated 28.09.2024, the applicants have been regularized as MTS only w.e.f. 01.10.2024, which has adversely effected service prospect of the applicant and also caused irreparable loss and injury in her service prospect. It is also relevant to mention here that under the RTI reply issued by the Central Public Information Officer bearing letter dated 01.07.2015 wherein it is evident that pursuant to the advertisement dated 15.06.2012, as many as 17 candidates have been selected for different posts including the post of MTS. It is to be noted here at this stage that Shri Sonam Bhutia (MTS) also got selected in the same select list pursuant to advertisement dated 15.06.2012 but the said Shri Sonam

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Bhutia by the Appointment Order dated 23.09.2013 was regularly appointed on regular basis to the post of MTS on pick and choose manner by the Central Agriculture University, Imphal, Manipur, in the regular pay scale of 5200-20200/- in the grade pay of Rs. 1800/-. It is also to be noted here at this stage that said Shri Sonam Bhutia had secured lesser marks than the present applicant i.e. 4l.90% whereas applicants had secured 49.51%/46.61% but said Shri Sonam Bhutia was regularly appointed as MTS since September, 2013 and thereby present applicants are meted out with hostile discrimination in violation of Article 14 and 16.

4. Learned counsel for the Respondents has reiterated the averments made in written statement and submitted that the appointment of the applicants to the regular post was made in strict compliance to the order dated 16.05.2024 in O.A. Nos. 73/2018 & 114/2018 of this Hon'ble Tribunal as per law. The applicants were accommodated to vacant/regular post of MTS at CAU vide Order dated 28.9.2024 in the pay Matrix Level-1 of Rs.18,000/- per month (7th CPC) along with other allowances as admissible to employees of the university effective from the date of joining the post on 01.10.2024. However, the University

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has allowed the college authority to release her salary at Rs. 18,000/ per month (PMK-1) from the date of joining at the college. The earning of increments in the AICRP project cannot be carried forward, as the post hold by the applicant from 08.10.2013 to 30.09.2024 was under AICRP project. The comparison drawn by the applicants between Shri Sonam Bhutia (MTS) and themselves, in terms of marks secured during the recruitment process is not valid and indicate that the applicants have filed the cases without proper understanding of the matter or by deliberate misrepresentation of facts. Shri Sonam Bhutia was appointed as MTS under the ST quota, whereas the applicant was appointed under General category in the AICRP project. It is stated that there is no hard and fast rule that all the post advertised under Advertisement No. 2/2012 dated 15.6.2012 must be filled. Note no. 6 of the said advertisement clearly states that– "The University reserves the right to increase or decrease the number of posts to be filled up or not to fill up some of the post." Due to non-availability of regular posts, the applicants were appointed under AICRP project on 08.10.2013 to which post, the applicants without any reservation duly accepted and joined. Therefore, the claim

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made by the applicants to protect their pay for the service period of AICRP is not justified. Transfer of 6 persons namely

(1) Devendra Kumar Chettri, (2) Sanjeep Kumar Baniya, (3) Bikram Chettri, (4) Sarina Thapa, (5)Sagar Poudyel and (6) Ms Sma Singh is university's internal policy and is not related to this instant case. Counsel further states that for MTS category, 6 nos. of posts were there i.e., for ST-1, OBC-2, UR-3. Sunam Bhutia applied under ST category whereas the applicants were a General category candidate. Due to non-availability of regular post, the applicants were accommodated in AICRP project. The appointment letter clearly indicated the terms and conditions of appointment which included in cl 3. That the appointment is till the continuation of the project by ICAR and co-terminus with the project and they will have no claim for permanent absorption/appointment in the university. The applicants, knowing fully well about the terms of appointment, duly joined the said posts without any reservations. It is reiterated that the transfer of the said persons namely Bikram Chetri, Sanjeep Kumar Baniya, Devendra kumar Chettri was an internal administrative matter of the university which has no

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connection to the recruitment made pursuant to the advertisement dated 15.06.2012. Besides, the transfer of said Bikram Chetri was done way back in 2009 much prior to the advertisement. Similarly the transfer of Sanjeep Kumar Banya and Devendra Kumar Chettri was done on 23.09.2013 on the same day of appointment of the applicants. As such, no malafide or unfair can be read in such act of the university authority. The case laws cited by the applicant are not similar to the instant case inasmuch as in the instant case, the applicant was appointed under a project and the post was co- terminus with the project. The Hon'ble CAT in its judgment dated 16.5.2024 has directed to accommodate the applicant on a regular post by following provisions of rules. There has been no specific direction that applicant is to be given regularization w.e.f the date of initial appointment. Counsel vehemently denying the allegations made by the applicant has stated that ICAR is the funding agency of the projects and CAU runs the same as per the guidelines of ICAR. Starting of any new project or closing of any project or post is the prerogative of ICAR. It is reiterated that the initial appointment letter of the applicants clearly indicated the terms

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and conditions of appointment including the condition that the appointment is co-terminus with the project. The applicants, being well aware of the said conditions duly joined the said post as such cannot now allege any malafide or oppose to natural justice. It is stated that the applicants have no legal right to claim regular appointment w.e.f the initial date of appointment under the project. The applicant cannot forcefully read interpret something to their benefit in the order of the Hon'ble Tribunal for claiming regularization w.e.f the initial appointment and claim pay protection and other consequential benefit. Therefore, this instant OA being devoid of merit, deserves to be dismissed.

5. Learned counsel for the Applicants has submitted that the applicants were appointed as MTS pursuant to an advertisement dated 15.06.2012 issued by the CAU, Imphal, College of Agricultural Engineering & PHT, Ranipool, Sikkim bearing advertisement No. 2/2012. However, the applicants in the instant original application are challenging the impugned order of regular appointment dated 28.09.2024 only to the extent of praying for a direction upon the respondents to grant the benefit of regularization to them at least from the date of

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joining as MTS with effect from 17.10.2013/08.10.2013 with all consequential benefit including protection of basic pay of the applicants which has already reached to Rs. 24,900/-, said basic pay has already been earned by the applicants at present in the month September 2024 after rendering 11/12 long years of service as MTS continuously without any break in service after his selection and appointment to the post of MTS pursuant to an advertisement bearing letter no. 2/2012 dated 15.06.2012. The applicants are under apprehension that the respondents, while carrying out fresh fixation of pay of the applicants in the pay matrix level-1 of Rs.18,000/- per month along with other allowances in terms of the impugned regular appointment order dated 28.09.2024; in that event, respondents may reduce the basic pay of the applicants at the initial stage of Rs. 18,000/-, since the regular appointment of the applicant is now declared to be effective from the date of joining as MTS as per the terms and conditions laid down in the impugned order dated 28.09.2024. However, now fresh fixation is carried out and the basic pay has come down to Rs. 18000/- from Rs. 24,900/- and there is a huge loss of basic pay of Rs. 6,900/- besides loss of allowances. The applicant

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begs to state that as per advertisement dated 15.06.2012, as many as 17 candidates have been selected for different posts including the post of MTS, but at this stage that Shri Sonam Bhutia (MTS) also got selected in the same select list, and also her service was regularised as per appointment order dared dated 23.09.2013 on regular basis to the post of MTS on pick and choose manner by the Central Agriculture University, Imphal, Manipur, in the regular pay scale of 5200-20200/- in the grade pay of Rs.1800. It is emphatically stated that apart from Shri Sonam Bhutia as many as 5 persons Shri Sanjeep Kumar Baniya, Shri Bikram Chettri, Sarina Thapa, Sagar Poudyel, Ms. Sima Singh all similarly situated MTS who were also initially appointed in the different projects under the CAU, but when they were regularized in different offices under the CAU and they have been given pay protection even on the date of their individual regular absorption.

6. Heard the parties and perused the materials on records.

7. The grievance of the present applicants are that despite serving in the Department for long 11/12 years as MTS, they are being denied the benefit of regularization from the initial

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date of appointment and they are under apprehension that they will lose all 11 increments which they have earned so far during the said tenure. It is an undisputed position that the applicants were selected against a published advertisement and selected against regular post of MTS through a regular selection process but they have been subsequently denied a regular post of MTS and posted in a temporary project. The learned counsel for the applicants has relied upon one calling letter dated 15.04.2013 and submitted that the order issued to the present applicants and to Shri Sonam Bhutia are exactly similar but Shri Bhutia was regularly appointed out of the same selection as regular MTS even though the fact that Shri Sonam Bhutia had secured lesser marks i.e. 41.90% than the present applicants who secured 49.51% & 46.61%. So far pay protection is concerned, it is noted stated that apart from Shri Sonam Bhutia as many as 5 persons i.e., Shri Sanjeep Kumar Baniya, Shri Bikram Chettri, Sarina Thapa, Sagar Poudyel, Ms. Sima Singh, all similarly situated MTS who were also initially appointed in the different projects under the CAU but they were regularized in different offices under the CAU and they have been given pay protection even on the date of their individual

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regular absorption. The applicants are legally entitled to benefit of regularization, with all consequential benefit including seniority and pay protection at least from the date of initial joining as MTS with effect from 17.10.2013/08.10.2013, since their initial appointment to the post of MTS have been done following due procedure of law i.e., following an advertisement as well as following the selection by a duly constituted selection committee; as such, law laid down by the Hon'ble Supreme Court in the case of Direct Recruit Engineering Officers Association VS State of Maharashtra and Others reported in (1990) 2 SCC 715 will be squarely attracted in this case also. The Hon’ble Supreme Court has held as follows at Para 44 (B) of the said judgment, which is quoted herein below: "If the initial appointment is not made by following the procedure laid down by the rules but the appointee continues in the post uninterruptedly till the regularization of his service in accordance with the rules, the period of officiating service will be counted."

8. Hence, we are of the considered opinion that the present applicants are also entitled for regularization from the date of their initial appointment as has been granted to similarly situated employee, Sri Sonam Bhutia. In view of the said

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backdrop, both the OAs are allowed with the following direction to the respondents:–

(a) To direct the respondents to grant the benefit of regular appointment/regularization to the present applicants to the post of MTS from the date of joining to post of MTS w.e.f. 2013.

(b) The present applicants are entitled to get the benefit of basic pay of Rs. 24, 900/- which the applicants are presently drawing due to earning of regular increments since 2013 on the post of MTS.

(c) Consequential benefits, if any, including notional seniority and pay protection shall also be given to the applicants.

(d) The entire exercise shall be concluded within a period of 2 months from the date of receipt of a copy of this Order.

9. Pending M.A.(s), if any, stand disposed of. No costs.

(MALLIKA ARYA) (RAJINDER SINGH DOGRA) MEMBER (A)

MEMBER (J) /SK/

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