ORDER

By Hon’ble Mr. Tarun Shridhar, Member (Administrative) The applicants through this Original Application seek the quashing of an order dated 29.3.2011 vide which the pay scale of Subject Matter Specialist/T- 6 in the Krishi Vigyan Kendra (KVK) run by the Indian Council for Agricultural Research (ICAR) have been allowed a pay scale of 15600-39100 in the grade Pay of Rs.5400/- pursuant to the recommendations of the 6th Pay Commission. For the sake of clarity, the reliefs sought by the applicants are being reproduced verbatim:-

“(a) to issue a writ order in the nature of certiorari quashing the impugned order No. F. NO. A/Extn.7/ 3/2012/AE-II dated 11.09.2013 issued by the respondent NO. 4 (Annexure No. A-16 to the original application).

(b) to issue a order or direction in the nature of mandamus directing the respondents to grant the pay Grade Pay of Rs. 6000/- in entry pay band of 15600-39100 in pursuance of the recommendations of the 6th Pay commission to the applicants.

(c) To issue a order or direction in the nature of mandamus directing the respondents not to implement the order dated 29.3.2011 (Annexure No. A-9 of the OA) issued by the ICAR in cases of applicants.

(d) To issue a order or direction in the nature of mandamus commanding the respondents to deal the case of applicants as per memorandum of Understanding (MOU) signed between ICAR and respondent NO.6. (e) to issue an order or direction which this Hon’ble Tribunal may deem fit and proper for the facts and circumstances.

(f) To award cost to the applicant”.

2. Brief facts of the case are that the applicants got appointed in the KVK run by one Raja Balwant Singh Mahavidyalaya an affiliated college of BR Ambedakar University, Agra in the year 1994 as a Training Associate initially.

They later on got promoted to the post of SMS in the year 2006. For the sake of further clarity it is mentioned that ICAR runs several KVK’s in the country, some on its own and some through Universities/Colleges/Non-governmental Organization/other such Institutions.

3. Learned counsel for the applicants argues that the pay scale of the applicants as also other staff of the KVK’s run by the college were being governed by the UGC pay scale and in accordance with that applicants were drawing the benefit of the Grade Pay of Rs. 6000/- in the pay scale of Rs.15600-39100/-. However, pursuant to the impugned notification, the respondents have arbitrarily reduced the Grade Pay of the applicant to Rs.

5400/-. Learned counsel draws attention to the detailed submissions made in this regard by the Principal of the college to the concerned officer of ICAR clearly mentioning that this reduction of Grade Pay to Rs. 5400 has created an anomaly as the other staff of the college which is governed by the UGC norms is drawing a Grade Pay of Rs. 6000/- whereas the applicants merely because they are working in the KVK have been put to disadvantage. Learned counsel points out that this amounts to discriminatory treatment. He also draws attention to the memorandum of understanding signed between the college and the ICAR specifically para 7 (viii) which stipulates that for the purpose of privileges, amenities and facilities, the staff of KVK shall be treated identically as the rest of the staff of the grantee institution. He also draws attention to the averment he has made in his OA particularly para 4.6 wherein he has quoted from another provision of the MOU which states that the staff of KVK appointed by grantee institution is entitled to all the privileges and facilities which are prevalent in the administrative structure of host institution. Learned counsel draws strength from a host of other documents placed on record including one from the Zonal Project Director of Indian Council for Agricultural Research, Kanpur which specifically mentions that as per MOU the staff borne on the establishment of KVK would get similar benefits as admissible to the staff of host institutions. He g