CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 691 OF 2017 Reserved on : 10.03.2026 Pronounced on :11.03.2026 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Sashi Bhusan Tripathi, aged about 75 years, S/o Late Purna Chandra Tripathi, At Plot No. 377, Lingaraj Nagar, Old Town, Bhubaneswar – 2 Dist Khurda. (substituted vide order dated 29.11.2022.)

……Applicant VERSUS

1. Union of India represented through its Secretary-

Ministry of Health and Family Welfare, Department of Health Research, New Delhi 110001.

2. Director General, Indian Council of Medical Research, V Ramlingswami Bhawan, Ansari Nagar, Post Box No. 4911, New Delhi – 110029.

3. Principal Investigator, NIRRH, Field Unit, Cuttack, Human Reproduction Research Centre, Deptt. Of OBST and Gynecology, SCB Medical College, Cuttack 753007. ……Respondents For the applicant : Dr. J K Lenka, counsel For the respondents: Mr. U C Mohanty counsel O R D E R Hon’ble Mr. Sudhi Ranjan Mishra, J.M.

The deceased had filed this OA and during pendency of the OA she had expired and was substituted by her husband as legal heir.

The applicant i.e. deceased employee challenging the order dated 26.04.2017 and 29.09.2017 wherein the respondents have disallowed the arrear salary in her favour from 01.04.2013 to

18.06.2017 has filed this OA praying for following reliefs:

a) Quash the rejection order dtd. 26.04.2017 at Annexure A/7 and 29.09.2017 at Annexure A/10 b) Declare that the applicant is entitled salary for the period from 1/4/2013 to 18/6/2014 as she was made to retire for no fault of her and direct the respondents to calculate, sanction and pay the same in favour of the applicant forthwith interest.

c) Declare that the retirement order on completion of 58 years at Annexure A/1 is illegal, arbitrary and quash the same.

d) And pass any other order(s)/direction(s) which would afford complete relief(s) to the applicant in the facts and circumstances of the case.

2. The brief of the case as inter alia averred by the applicant in Signed By:Ct ShADeI SOH A is that she was initially selected and appointed as Social Worker in Human Reproduction Rese3a rch Centre (ICMR) in the Deptt. Of OBST and Gynecology, SCB Medical College, Cuttack on consolidated pay and allowance including HRA vide letter dated 30.11.1992 and joined on 01.12.1991 and on satisfactory completion of probation period she continued on regular basis. It is submitted that she was getting revised salary and earned leave etc during that period. It is submitted that while continuing as such she was wrongly retired at the age of 58 years w.e.f. 31.03.2013 as per order dated 23.03.2013. It is submitted that as per information received under RTI Act dtd 04.03.2014 and OM dated 29.11.2011, the age of superannuation of Social Worker which is technical post is 60 years. The applicant submitted representation regarding continuation of service and respondent no. 3 as per order dated 19.06.2014 allowed the applicant to continue in her services/former post and vide order dated 20.10.2014 permitted the applicant for continuance of service from 19.06.2014 to 31.03.2015. It is submitted that respondent no. 3 vide order dated 18.03.2015 issued notice for retirement to the applicant w.e.f. 31.03.2015 on attaining the age of superannuation i.e. completion of 60 years of age. It is submitted that the applicant had submitted representation dated

22.11.2016 for releasing her sala4r y for the period from 01.04.2013 to 18.06.2014 since she was illegally retired on completion of 58 years. It is submitted that Respondent No. 2 vide order dated 26.04.2017 rejected the claim on the ground that the gap period of 14 months 18 days cannot be considered as continuance of temporary service. It is submitted that applicant again submitted her representation dated 31.05.2017 which was rejected vide letter dated 29.09.2017. Hence the OA.

3. The respondents have filed counter inter alia averring that ICMR provides funds to run the H