ORDER

[ON INTERIM RELIEF]

Per S.K. Sinha, A.M:- Vide this order we are going to dispose of MA No. 502/2022, wherein prayer for grant of interim relief in OA No. 612 of 2022 is there. The applicant has prayed for interim stay on execution of the notice dated 05.08.2022 (Annexure 9) issued by Controller of Administration, CISR-Central Institute of Mining and Fuel Research(CIMFR) directing the applicant to refund the gross amount of honorarium paid in the month of March 2021 latest by 20 th August 2022 failing which recovery would be effected from the salary of August 2022 onwards.

2. Notice was issued on the OA on 12.09.2022, which includes this MA also and respondents have filed a short reply opposing the prayer for interim relief.

3. Short facts leading to the OA are that the CSIR-CIMFR paid honorarium on 25.03.2021 to its 553 employees/staff including the applicant, who is a Senior Scientist. Applicant was sanctioned a gross amount of Rs 8,50,000/- and after deduction of Rs 2,65,200/-

as income tax Rs 5,84,800/- was credited to his bank account. On

01.04.2021, Administrative Officer of CSIR-CIMFR issued a notice, on the direction of DG, CSIR, that all the payees/beneficiaries were required to refund the gross amount of honorarium/fee paid to them. Further, on 12.04.2021, DDO of CSIR-CIMFR issued an office memorandum to the applicant (and other beneficiaries) that he (they) should refund the gross amount of honorarium at the earliest by cheque/DD payable to Director, CIMFR. After more than one year, Controller of Administration of CSIR-CIMFR issued a notice on

05.08.2022, to the applicant (and other beneficiaries) to deposit the gross amount latest by 20th August failing which recovery would be effected from their salaries (Annexure-9). Applicant made a representation against the notice to the concerned authorities on 12.08.2022 and approached the Tribunal with the instant OA.

4. Applicant has pleaded in the OA and the MA that the honorarium was paid to him (and other employees) in terms of the ‘CSIR Guidelines for Technology Transfer and Utilization of Knowledgebase - 2017’ (Annexure 1) which provides for sharing of part of finances realized from licensing of Intellectual Property, Knowledgebase, consultancy and fees from sponsored research projects/schemes with the concerned staff of the Institute as Honorarium /Fees. Due procedure, as laid down in the guidelines, was observed in sanctioning and distributing the honorarium /fees.

Two staff of CIMFR, aggrieved with the notice dated 01.04.2021 and OM dated 12.04.2021 by the respondent authorities directing to refund the gross amount of honorarium/fee, had preferred writ petitions WP(s) No. 1966 of 2021 and 1967 of 2021 before Hon’ble Jharkhand High Court in which interim stay on operation and execution of the aforesaid notice/OM was granted. Subsequently, Hon’ble High Court allowed withdrawal of the writ petition(s) with liberty to the petitioners to approach the appropriate forum.

Applicant has pleaded that since the payment of honorarium was in accordance with the ‘CSIR Guidelines’, subsequent direction to refund the amount was a violation of the applicant’s rights and If execution of the notice dated 05.08.2022 (Annexure 9) was not stayed, it would cause irreparable loss and severe financial hardship to the applicant.

5. In their short reply, respondents have maintained that the payment of honorarium to the CIMFR staff in March 2021 was made without observing the CSIR guidelines provisions at Para 8.1.4 (O) and para 8.2.12. Also, the payment was against the decision of CSIR Hqrs. to put on hold the distribution of monies/ honorarium among staff in all the CSIR Labs till further orders, which was communicated to different labs/units on 26.03.2021.

5.1. Respondents have maintained that according to Para 8.1.4 (O) of the guidelines, the decision of Management Council relating