Gauhati High Court Quashes ICAR Order Stopping Payment Of Additional Allowances To KVK Employees Under Assam Agricultural University

The Gauhati High Court recently quashed an order issued by Indian Council of Agricultural Research (ICAR) for suspending the payment of Non-Practicing Allowance (NPA), Special Duty Allowance (SDA), Special Compensatory Allowance (SPA) and travelling Allowance (TA) earlier paid to the employees of the Krishi Vigyan Kendras (KVKs) under the aegis of the Assam Agricultural University Jorhat from the ICAR funds

The single judge bench of Justice Suman Shyam observed that the impugned order dated May 02, 2022, issued by the ICAR was based on wholly extraneous consideration and therefore, the same cannot sustain the scrutiny of law.

"Once the respondents had permitted the petitioners to draw a particular pay scale along with allowances applicable therein and the amounts have been disbursed to them from time to time over several years, the same could have been abruptly stopped by the ICAR authorities by issuing the impugned communication dated 02.05.2022 without any justifiable ground,” said the court.

The writ petitioners, the technical and non-technical staff working in the Krishi Vigyan Kendras (KVKs), challenged the impugned order, which was passed on a complaint filed by the President of Hindu Yova Chatra Parishad, Asom.

The case of the petitioners was that in pursuance to Central Pay Revision recommendations, which came into effect from January 01, 2016, the petitioners were given the option to either opt for the pay-scale applicable to the Assam Agricultural University (AAU) or the one applicable in case of employees coming under the ICAR.

Accordingly, the petitioners had opted for the pay scale of ICAR by taking note of the fact that although the Grade Pay was less in this Pay Scale, the employees would be entitled to certain additional allowances such as NPA, SDA, SCA and therefore, the gross emolument of the employees would be higher than that receivable under the pay scale of the AAU.

It was contended that the funds for release of salary and allowances payable to the petitioners were consistently being released by the ICAR and accordingly they have been receiving ICAR pay scale along with the allowances since January 01, 2016. However, with effect from the month of May, 2022, the component of NPA, SDA, SCA and TA payable to the petitioners was abruptly suspended vide order dated May 02, 2022.

The counsel appearing for the petitioners submitted that the impugned order issued by ICAR is wholly arbitrary, discriminatory and violative of the principles of equality as the ICAR is continuing with payment of such allowances in case of employees of all other KVKs coming under various host institutions.

It was further argued that the impugned order was issued without serving any prior notice either upon the AAU, Jorhat or the beneficiaries of such allowances therefore, is hit by violation of the principles of natural justice and administrative fair play.

The counsel appearing for the ICAR submitted hat the allowances are applicable only in case of those employees of those KVKs which are directly operated by the ICAR and not in case of the KVKs which are the assets of the grantees like the AAU, Jorhat.

The court noted that the decision of the ICAR authorities, as conveyed by notification dated May 02, 2022, was unilateral and the same was apparently contrary to the original decision of the authorities to grant allowances to the employees which come within the ambit of the agreement signed by and between the parties.

It was further observed that ICAR authorities had continued to release funds for payment of salary and allowances including those allowances, even in case of employees of those KVKs which are not directly operated by the ICAR authorities.

“If that be so, there can be no doubt or dispute about the fact that, by the impugned order dated 02.05.2022, the respondent Nos.1, 2 and 3 have singled out the KVKs coming under the aegis of the AAU, Jorhat to suspend the release of NPA, SDA, SCA and TA as a result of which, the gross emolument of all these employees have drastically fallen and have continued to remain so till today much to their discomfiture of those employees,” the court said.

The court further said: “The learned counsel for the respondents have not been able to invite the attention of this Court to any material permitting such a discriminatory treatment to be meted out only to the employees of the KVKs coming within the aegis of the AAU, Jorhat to the exclusion of all others. On the contrary, it appears that the impugned action was initiated purely on the basis of a complaint lodged by the President of the Hindu Yuvo Chatra Parishad, Asom, who does not have any nexus with the operation of the KVKs.”

Thus, the court set aside the impugned decision of ICAR. It further directed the respondents to release the salary and allowances to the writ petitioners for the current month and continue to do so until the same is modified in accordance with law.

“In so far as the amount of arrear allowances is concerned, the same shall also be released to the writ petitioners in three installments within a period of six months from the date of receipt of a certified copy of this order,” it added.

However, the court also said that if for any valid reason, the respondent seek to modify the pay-scale or allowances payable to the employees of the KVKs coming under the AAU, Jorhat, "they will be entitled to do so only after serving prior notice upon the affected persons, to be routed through the competent authority in the AAU, Jorhat and after giving them proper opportunity of being heard in the matter."

Case Title: Sabina Ahmed & 225 Ors. v. The Director General & 5 Ors.

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