Avijit Das vs CENTRAL AGRICULTURAL UNIVERSITY on 14 October 2026

ORDER

GH DOGRA, MEMBER (J): A. has been filed by the applican Administrative Tribunals Act, 1985 see “8.I The Hon'ble Tribunal may be kind e holding that, the Applicants ough appointed in T-3, Grade instead of T-1, the entry level & thereafter on complet years of service the Applicants oug promoted to T-4 Grade in the Pay Sca 5,500-175-9,000/- with all consequential & benefits including arrear of pay with retr effect. . 01/2025 al, to be phelpat, ort CAU), 5004. gricultural ct- West ondents te 14.10.2026 nt under eking the enough to t to be Grade at ion of five ht to be ale of Rs - & ancillary rospective

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II. The Hon’ble Tribunal may also direct the Respondents, that, on Completion of next five years the Applicants ought to be promoted to T-5 Grade, in the pay scale of Rs- 6,500-200-10,500/- with all consequential & ancillary benefits including arrear of pay with retrospective effect.

III. The Hon'ble Tribunal may also further direct the Respondents, that, on Completion of further next five years the Applicants ought to be promoted to T-6 Grade, in the pay scale of Rs. 8,000-275- 13,500/- with all consequential & ancillary benefits including arrear of pay with retrospective effect.

IV. Pass any other Order/Orders the Hon’ble Tribunal may dim fit & proper.”

2. Facts of the case as stated by the applicants in the O.A. are that – applicants are serving as Field cum Lab Assistant in the Central Agricultural University, College of Fisheries (Tripura). They were appointed in the said post in the year 2003 through direct recruitment in the Central Agricultural University, College of Fisheries (Tripura). That, the Central Agricultural University was established by the Central Agricultural University, Act- 1992 with Headquarter in Imphal & seven constituent colleges over six States i.e. College of Agriculture ( Manipur) College of Veterinary Sciences (Mizoram), College of Horticulture & and Forestry ( Arunachal Pradesh), College of Fisheries (Tripura), College of Agricultural Engineering and Post Las Harvest Technology (Sikkim), College of Home Sciences and College of Post Graduate

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Studies (Meghalaya). That, in exercise of power conferred by Section -27, Sub Section -2, with clause (I), of Sub-Section (1), of the Central Agricultural University (In Short CAU), Act-1992, the Vice- Chancellor of the CAU with the previous approval of the Central Government made first Ordinance & notify, that, various Non-Teaching position of the University shown in Appendix -1, shall carry the pay scale & be filled up the following guidelines in the Ordinance. As per Ordinance, the posts of Field Cum- Lab Assistant are to be filled up wholly by direct recruitment & essential qualifications would be Bachelor in Science & working knowledge in English & Hindi are desirable & the post will carry the pay scale of Rs- 950- 1400/-.

3. That, the Ordinance further provided that in all matters not provided in the Ordinance till the formulation of the detailed service condition for the employees of the Central Agricultural University, the conditions of the service of the employees of Central Agricultural University shall temporarily governed by the Rules applicable to the employees of the ICAR working in the North East Region. That,

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vide notification, dated, 19/03/2001, the Registrar, Central Agricultural University, conveyed that, in pursuance of the decision of the Board of Management of the Central Agricultural University, Imphal in its 3rd meeting held on 31/10/2000, in respect to five yearly service assessment scheme in respect to the Non - Teaching Technical Staff of the Central Agricultural University in accordance with ICAR notification dated, 03/02/2000, the Vice Chancellor, Central Agricultural University, Imphal, had approved the issue of notification for operation of Technical Service Rule of the Central Agricultural University, Imphal. That, vide Notification, dated, 03/02/2000, issued by the Dy. Secretary, ICAR, existing service Rule of ICAR was modified. The essential features of the modification are that, Grade structure in the Category - 1 & Category -2, has been modified & minimum essential educational qualification for direct recruitment of technical personnel in category -1 & II at the entry level would be as follows: Category – I

Category – II

T-1, Rs-3200-85-4,900 T-3, Rs-4,500-125-7,000 T-2, Rs- 4,000-100-6,000 T-4, Rs-5,500-175-9,000 T-3, Rs- 4,500-125-7,000 T-5, Rs-6,500-200-10,500

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As per Appendix -IV of the Notification dated 03/02/2000, the qualification for category -II, would be Bachelor in Science in the relevant filed from a recognised University. As per notification dated 03/02/2000 of the ICAR adopted by the Central Agricultural University vide notification dated 19/03/2001, the applicants ought to have been appointed in Category -II, i.e. T-3 having pay scale of Rs- 4500-125-7,000 at the entry level.

4. That, Technical Service Rule of Central Agricultural University was notified on 19/03/2001. By the aforesaid Rule, the technical service in category -I, II & III, consists the following grades :- Category – I

Category – II

Category - III T-1,Rs-3050-75-4590 T-3,Rs-4500-125-7000 T-6, Rs-8000-275-13500 T-2,Rs-4000-100-6000 T-4,Rs-5500-175-9000 T-7&8, Rs-10000-325- 15200 T-5,Rs-6500-200-10500 T-9, Rs-12000-375- 16500

Clause -4 of the notification under the heading crossing of category bar from Category -I to Category -II provides as follows:-

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Category –I at T-1 grade would continue to be regulated for assessment from T-1 to T-2 after five years of service. However from T-2 grade, such personnel possessing the qualifications as prescribed for entry in category -II by direct recruitment, would be eligible for assessment/promotion to T-3 grade after five years of service, while those not possessing such qualifications shall become eligible for assessment /promotion to T-3 grade only after 10 years of service in the T- 2 Grade. The assessment / promotions from T-3 onwards to T-4 and T5 shall continue to be regulated at five years interval. The technical service Rule of Central Agricultural University further provides that, minimum educational qualification for all the categories i.e. I, II & III shall be prescribed by ICAR & as amended time to time.

5. That, on completion of 5 years satisfactory service vide Order dated, 20/11/2008 issued by the Registrar, Central Agricultural University, the applicants were given promotion from T-1 to T-2 in the pay structure of Rs- 5,200-20-200 plus grade pay of Rs- 2400/- w.e.f date as shown against their names in the said Order. Thereafter, on further completion of

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5 years of satisfactory service, vide Order dated 10/06/2016 issued by competent authority of Central Agricultural University, the Applicants were given promotion from T-2 to T-3 w.e.f date shown against each of them. As a result of such promotion, the applicants were allowed the pay scale of Rs- 5200-20200 plus Grade Pay of Rs- 2800/-. That, thereafter vide Order, dated, 17/12/2019, issued by the competent authority of the Central Agricultural University, the Applicants were given promotion from T-3 to T-4, w.e.f the date shown against each of them in the said Order on completion of five years of satisfactory service. That, the Ministry of Finance, Government of India XII agreed to the proposal of Ministry of Agriculture for up gradation / revision of pay scale including redesignation of ten categories of non teaching posts of Central Agricultural University to make those post equivalent at par with the similar nature of posts of ICAR. The post of Field cum Lab Assistant was included in the ten category of post to be made at par with its counterpart with ICAR. That, anomaly in the pay scale of various categories of non teaching staff was taken care of by order dated

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17/06/2014, issued by the Registrar Central Agricultural University & the post of Field cum Lab Assistant was taken care of in the pay band of Rs. 5200-20200 plus GP of Rs- 2,800/- with educational qualification having Bachelor in Science Stream & five years experience would be entitled to such scale.

6. That by Order dated 28/05/2022 issued by the Registrar, Central Agricultural University, all the Field -cum Lab Assistant, who were recruited directly / compassionate ground & joined in service on or after 14/03/2019, was allowed the pay band of Rs - 5200- 20200 plus Grade Pay of Rs-2800, w.e.f 14/03/2019. That, Ordinance No- 2 of 1995 was amended vide Ordinance No-2 of 2023 by the Vice Chancellor, Central Agricultural University in exercise of power conferred under Section 27 (2) of Central Agricultural University Act-1992 to make amendment in Ordinance No-2 of 1995, amending the recruitment Rules of Non Teaching staff. By such amendment, Filed Cum Lab Assistant was given the pay scale of Level-5 (Grade Pay Rs-2800 in 6th CPC). That, Registrar, Central Agricultural University, vide Notification,

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dated, 05/09/2024 conveyed to all that Technical Service Rule of ICAR for Technical Employees of the Central Agricultural University has been approved by the competent authority to be notified for implementation of technical employees. By that notification, technical employees were asked to exercise option as to whether they would be governed by the existing service Rules or the amended service Rules. All the applicants submitted representations to the Registrar of Central Agricultural University, claiming, that, they were entitled to be T-3 Grade instead of T-1 at the initial stage of their appointment & by this time they would be in T-6 Grade instead of in the grade of T-4. But till date, neither the representations of the applicants have been disposed of nor has upgradation of pay scale according to the Service Rule for Non Teaching Staff of CAU been granted by the Respondents.

7. Respondent Nos. 2, 3 & 4 has filed written statement and states that the University has always been working for the welfare of its employee. As per DoPT guidelines, the post of Field – Cum-Laboratory Assistant and some of the Technical

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post of the University are stagnant in nature as they do not have any higher post for promotion. Hence, the applicants are admissible only AСР/МАСР for which they will be granted financial up gradation only after competition of 10-12 years in their service. Keeping in mind the welfare of its employees, the CAU adopted the Five Yearly Service Assessment Scheme of ICAR vide Office Notification dated 19.03.2001. While adopting the scheme in the University, nowhere mentioned that CAU, Imphal will provide pay scale at par with ICAR. The post of Field-cum-Laboratory Assistant (FCLA) in CAU, Imphal was created by the Ministry of Finance, Government of India in the pay level-2 as per 7th CPС (T-1 as per Technical Service Rules) whereas FCLA post does not exist in ICAR. However, University is not bound to adopt any other modification made by ICAR.

8. The respondents also admitted about the submission of the representations. However, as per the respondents, without knowing the ground reality of the service condition and recruitment rules of the post which they are holding, the applicants claimed the salary of the other organization. The

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post of Field-Cum-Laboratory Assistant of the University was sanctioned by the Department of Agriculture Research and Education, Government of India, with pay scale of Rs 950- 1400 as per the 4th CPC and level -2 as per the 7th CPC. The Service of the non-teaching position of the University were notified in the ORDINANCE No 2 of 1995 dated 22nd March, 1995 indicating the name of the post and their corresponding pay scale which was approved by the government of India.

9. Respondents further pleads that ICAR and Central Agricultural University are two independent bodies under the Department of Agriculture and Farmers Welfare; Government of India, ICAR is an autonomous organization under Department of Agriculture Research and Education, registered society under the Societies Registration Act, 1860 whereas CAU Imphal is established under Central Agricultural University Act, 1992 (No.40 of 1992) of the Parliament. CAU, Imphal adopted Technical Service Rules of the ICAR to extend the benefits of the said Rules for Financial Upgradation in the service carrier of technical staff of the University but university can't upgrade the pay level of the

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University staff at par with ICAR staff as claimed by the applicants. But considering the grievances of the staff, the University requested the Ministry of Finance, Government of India to review the cadre of the non-teaching post of the University. The Ministry agreed for upgradation/revision of some of the non-teaching posts including Field -Cum- Laboratory Assistant in its letter dated 15.05.2014. Same was notified by the University on the approval by the Ministry vide office order dated 17.06.2014 and accordingly, the pay of Filed-Cum-Laboratory Assistant post including some non- teaching posts were revised to higher pay w.e.f. 01.06.2014. Accordingly, Pay of FCLA was upgraded from pay level -2 to pay level5 (T-3) w.e.f. 01.06.2014. Therefore, present applicants are entitled for higher Grade Pay of Rs. 2,800/- w.e.f. 01.06.2014.

10. Sri P. Maishan, learned counsel for the applicants and Ms. P.D. Bujarbaruah, Sr. Advocate assisted by Ms. D.L. Marshilong, learned counsel for the respondent Nos. 2, 3 & 4 were heard at length, evaluated the arguments, and carefully perused the official records on file.

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11. From a thorough review of the records, it reflects that the post of Field-cum-Laboratory Assistant in CAU, Imphal was created by the Ministry of Finance, Government of India in Pay Level-2 as per the 7th CPC (T-1 as per the Technical Service Rules), whereas the said post does not exist in ICAR. It is also pertinent to mention that ICAR and CAU are two independent bodies under the Department of Agriculture and Farmers Welfare, Government of India. It is admitted by both parties that ICAR is an autonomous organization under the Department of Agricultural Research and Education (DARE), registered society under the Societies Registration Act, 1860. While it is a fact that CAU, Imphal adopted the Technical Service Rules of the ICAR to extend the benefits of the said Rules for financial upgradation in the service career of the technical staff of the University, the University cannot upgrade the pay level of its staff at par with ICAR staff.

12. It is a well-settled principle of service jurisprudence that every term and service condition of an employee is governed by the recruitment advertisement and the subsequent appointment letter. The applicants willingly

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accepted the designated pay scale when they were appointed in the year 2003. The issue relates back to 2003, and the applicants have approached this Tribunal after a lapse of more than 22 years. Hence, they cannot make a U- turn after such a prolonged delay; therefore, we cannot go back and unsettle a long-settled position. It is further well- established that the prescription of pay scales is the exclusive prerogative of the Government. The Courts and Tribunals cannot direct the Government to pay a particular pay scale to an employee except where clear, hostile discrimination or absolute parity is proven. In the present case, we find no parity in the pay scale.

13. Having heard the learned counsel for the parties and upon a detailed perusal of the records, we are of the firm view that the O.A. suffers from both a lack of merit and severe laches, and it deserves to be dismissed. Accordingly, the O.A. stands dismissed. No order as to costs.

(MALLIKA ARYA)

(RAJINDER SINGH DOGRA)

MEMBER (A)

MEMBER (J)

PB

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