dated this the 7 day of april 2016 present the hon’ble...

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7TH DAY OF APRIL 2016

PRESENT

THE HON’BLE MR.JUSTICE JAYANT PATEL

AND

THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

WRIT PETITION Nos.28639-28693/2014(S-CAT)

C/W

WRIT PETITION Nos.28694-28710/2014, 28711-

28713/2014,29300-29362/2014, 30539/2014,

30540-30544/2014 &30545/2014, 31794-

31808/2014 & 31810-31814/2014, 31815-

31822/2014, 6938-6939/2015, 47944-47960/2014

AND 2204-2230/2015

WP Nos.28639-28693/2014:

BETWEEN:

1. DR. K.S. CHANDRAKANT RETD. SCIENTIST-D

S/O LATE K H SHANTHAVEERAIAH AGED ABOUT 62 YEARS

R/O DOOR NO. 636, SHANTHA GOWRI NILAYA, ASHRAMA ROAD, HINKAL MYSORE-570 017

2. DR L RAJANNA

RETD. DEPUTY DIRECTOR S/O LATE LINGEGOWDA AGED ABOUT 68 YEARS

R/O DOOR NO. 255, 9TH CROSS 1ST MAIN, SRIRAMPURA

MYSORE-570 023 3. DR M A SHEKAR

S/O LATE M R ANANDARAMAIAH

R

2

RETD. SCIENTIST-D AGED ABOUT 61 YEARS

R/O DOOR NO.244, 9TH CROSS SRIRAMPURA, 2ND STAGE

MYSORE-570 023

4. SRI VISHWANATH K

S/O LATE ANANTHAIAH K AGED ABOUT 70 YEARS

RETD. DEPUTY DIRECTOR C.S.R.I., MYSORE AND R/O DOOR NO. 1188, 9TH CROSS

2ND MAIN, SRIRAMPURA 2ND STAGE MYSORE-570 023

5. SRI K N PUTTEGOWDA

S/O LATE NINGEGOWDA

AGED ABOUT 64 YEARS RETD. SCIENTIST-D

BSF NSSO DHARMAURA NO.233, 9TH CROSS

SRIRAMPURA II STAGE MYSORE-570 023

6. DR R BALAKRISHNA S/O LATE T RANGAIAH

AGED ABOUT 62 YEARS RETD. SCIENTIST-D H.NO. 1800/B, "APEKSHA"

BRAMARAMBHA CHOULTRY MAIN ROAD SRIRAMPURA III STAGE

MYSORE-570 023

7. DR H K BASAVARAJA

S/O LATE KALLAPPA AGED ABOUT 65 YEARS

RETD. SCIENTIST-E NO. 263, SRIRAMPURAM 9TH CROSS, II STAGE

MYSORE-570 023

8. DR G K SRINIVASA BABU S/O LATE G KRISHNAIAH

3


NO. 1187, II MAIN, II STAGE SRIRAMPURAM, MYSORE-570 023

9. SRI T S MAHADEVA MURTHY

S/O LATE T SIDDAIAH


NO. 1089, 6TH MAIN SRIRAMPURAM I STAGE MYSORE-570 023

10. DR MALA V RAJAN

W/O G VARADARAJAN AGED ABOUT 60 YEARS RETD. SCIENTIST-D

R/O DOOR NO. 223 SUDHARSHANA


11. DR. T.MOGILE

S/O LATE RAJARAM URS

AGED ABOUT 56 YEARS W/AT SCIENTIST-C

REL, CENTRAL SILK BOARD D.NO. 6-140/1, NARAYANAGAR V.KOTA-517 424

CHITTAPUR DISTRICT A.P. STATE

12. DR DINESH DATTA SHARMA

S/O LATE DEV DATTA SHARMA

AGED ABOUT 60 YEARS WORKING AS SCIENTIST-C

SRIRAMPURA MYSORE-570 008

13. DR V NISHITHA NAIK D/O V VITTAL NAIK


4

CSR & TI, SRIRAMPURA MYSORE-570 008

14. DR K K SHARMILA

D/O LATE A KANDASWAMY AGED ABOUT 51 YEARS WORKING AS SCIENTIST-C


15. DR S D SHARMA

S/O SHIVDATTA SHARMA

AGED ABOUT 59 YEARS WORKING AS SCIENTIST-D


16. MS SUMA A S D/O A B SREENIVASAIAH



17. SABITHA N D/O A R NARASINGH BHAN

AGED ABOUT 52 YEARS WORKING AS SCIENTIST-C SSPC, NSSO, CBB

MYSORE-570 008

18. SRI NAGARAJA S B S/O BASAVALINGAIAH AGED 57 YEARS

SCIENTIST-C, CSR AND TI, SRIRAMPURA, MYSORE-570 008

19. SRI B T SREENIVASA

S/O LATE THIMMAIAH

AGED 51 YEARS,SCIENTIST-C CSR & TI, SRIRAMPURA

MYSORE-570 008

5

20. SRI J P RENUKESHWARAPPA S/O J PARASHURAMAPPA

AGED 59 YEARS,SCIENTIST-C CSR AND TI, SRIRAMPURA

MYSORE-570 008

21. SRI A R NARASIMHA NAYAKA

S/O RAMAKRISHNA NAYAKA AGED 50 YEARS, SCIENTIST-C

CSR AND TI, SRIRAMPURA MYSORE-570 008

22. DR VINOD KUMAR S/O SURESH CHANDRA

AGED 57 YEARS CSR AND TI SRIRAMPURA MYSORE-570 008

23. DR T HIMANTHARAJ

S/O LATE THYRAMALLAIAH AGED 57 YEARS

SCIENTIST-D, REC, MARGHATTA CHIKKAPURA POST CHITRADURGA-577 520

24. DR NISHA GOPAL GANGAL

D/O DR HANS RAJ DUA AGED 51 YEARS, SCIENTIST-C P2 BASIC SEED FARM

CENTRAL SILK BOARD, DHARAMPURA 25. DR R MEENAL

D/O SRI ALAGAPPA S AGED 49 YEARS RSRS, CHAMARAJNAGAR

CENTRAL SILK BOARD CHAMARAJNAGAR DIST.

26. DR DASAPPA

S/O LATE SRI GENDEDASAIAH

AGED 57 YEARS CSR AND TI SRIRAMPURA

MYSORE-570 008

6

27. DR V GIRISH NAIK S/O C V PURUSHOTHAM NAIK

AGED 54 YEARS CSR AND TI SRIRAMPURA

MYSORE-570 008

28. SRI M R SUBBASWAMY

S/O M S RAMASWAMY AGED 66 YEARS, SCIENTIST-C

CSR AND TI SRIRAMPURA MYSORE-570 008

29. SRI BYRAPPA NATARAJU S/O M B BYRAPPA

AGED 65 YEARS SCIENTIST-D CSRI, MYSORE-570 023

30. SRI RAMASWAMY

S/O LATE NARASIMHAIAH AGED 46 YEARS

RETIRED DEPUTY DIRECTOR CSRTI, BANGALORE R/AT NO. 204, MODEL HOUSE

4TH STREET, BASAVANAGUDI BANGALORE-560 004

31. DR NAGESHWARA RAO

S/O LATE S SUBBAIAH

AGED 62 YEARS RETIRED SCIENTIST-C

CSB, BANGALORE R/AT SANTOSH NAGAR PHASE-II ATTUR LAYOUT, YELAHANKA

NEW TOWN, BANGALORE-560 064

32. DR K V ANANTHARAMAN S/O K R VENKATANARAYANA AGED 64 YEARS

RSRS, KOOLATHI, BANGALORE R/AT NO. 1379, SUBA SHREE

1ST CROSS, BEHIND BEGUR GOVT. HIGH SCHOOL

7

DEVA CHIKKANAHALLI ROAD BANGALORE-560 068

33. DR B MALLIKARJUNA

S/O R BASAVARAJAPPA AGED 56 YEARS, SCIENTIST-C REGIONAL SERICULTURE

RESEARCH STATION CHAMARAJANAGAR

34. DR G VENKATESHWARA PRASAD

S/O G REDDAPPA, AGED 55 YEARS SCIENTIST-C, CPC

CENTRAL SILK BOARD RAJAKASTREET, PATTAPETA PALAMANER-517 408

35. DR B KASI REDDY

S/O B LAKSHMI REDDY AGED 58 YEARS, SCIENTIST-C

RESEARCH EXTENSION CENTRE CENTRAL SILK BOARD HARESAMUDRAM MANDAL, ANANTHAPURA

36. DR P SRINIVASULU REDDY

S/O P OBI REDDY AGED 54 YEARS, SCIENTIST-C REC(US) SURYAPET

NALGONDA DISTRICT

37. SRI MUKUND V KIRSUR S/O V K KIRSUR, AGED 56 YEARS SCIENTIST-C, CSR AND TI

SRIRAMPURA, MYSORE-570 008

38. DR V GUNASHEKHAR S/O V SUBBARAYUDU SCIENTIST-C, CSR AND TI


39. DR B GANGADHAR S/O THIMMAPPA

8

AGED 53 YEARS SCIENTIST-C


40. SRI RAJASHEKAR K

S/O KRISHNAN M.P

AGED 55 YEARS SCIENTIST-C, CSR AND TI


41. DR S K ASHWATH

S/O S S KRISHNA RAO AGED 58 YEARS, SCIENTIST-C


42. SRI M MUNIRATHNAM REDDY S/O M MUNI REDDY

AGED 51 YEARS, SCIENTIST-C CSR AND TI, SRIRAMPURA

MYSORE-570 008 43. SRI M G SABITHA, D/O M GOPALAPPA

AGED 51 YEARS, SCIENTIST-C


44. S N PALLAVI

D/O LATE H K SANNANANJE GOWDA


MYSORE-570 008

45. SRI K C MAHALINGAPPA

S/O C CHIKAMADAIAH AGED 54 YEARS, SCIENTIST-C

REC, SUB-UNIT KINAKAHALLI-571 412 KOLLEGAL TALUK

46. A NASEEMA BEGUM

D/O M AZEEZUR REHMAN AGED 60 YEARS

9

SCIENTIST-D CSR AND TI, SRIRAMPURA

MYSORE-570 008

47. SRI N MAL REDDY S/O N V NARAYANA REDDY AGED 57 YEARS, SCIENTIST-C

CSR AND TI, MYSORE-570 008

48. DR M K RAGHUNATH S/O LATE M S KODANDARAM AGED 50 YEARS, SCIENTIST-C

REC SUB-UNIT DEPARTMENT OF SERICULTURE

4TH CROSS VAGEESHANAGAR RANEBENNUR-581115 HAVERI DISTRICT

49. V N SUDHA D/O V NARAYANA RAO

AGED 59 YEARS SCIENTIST-C CSR AND TI, SRIRAMPURA

MYSORE-570 008

50. SRIS PURUSHOTHAM S/O S KADIRAIAH AGED 52 YEARS

SCIENTIST-C CSR AND TI, SRIRAMPURA

MYSORE-570 008

51. SRI P RAMA MOHANA RAO

S/O LATE PRAHANNA AGED 62 YEARS

RETIRED SCIENTIST-C R/AT NO. 230, 8TH CROSS 1ST MAIN, SRIRAMPURA 2ND STAGE

MYSORE-570 023

52. SRI C PARAMESHWARA S/O LATE K C HALUVAIAH

10


MYSORE-570 008

53. DR M BALAVENKATA SUBBAIAH S/O LATE M SUBBAIAH AGED 57 YEARS, SCIENTIST-D


54. SRI D S SOMA PRAKASH

S/O LATE D S SIDDAIAH

AGED 54 YEARS, SCIENTIST-D CSR AND TI, SRIRAMPURA

MYSORE-570 008

55. SRI DWARAKANATH

S/O V SUBRAMANI AGED 62 YEARS

RETIRED SCIENTIST-D R/AT 58/2/18, 13TH MAIN

SHAKAMBARI NAGARA J P NAGARA 1ST PHASE BANGALORE-560 017 ... PETITIONERS

(BY SRI RANGANATHA S JOIS, ADVOCATE)

AND:

1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY

MINISTRY OF TEXTILES GOVERNMENT OF INDIA NEW DELHI-110 001

2. THE CENTRAL SILK BOARD

REPRESENTED BY ITS MEMBER SECRETARY, CSB COMPLEX, BTM LAYOUT, MADIWALA,

BANGALORE-560 068 ... RESPONDENTS

(BY SRI M.VASUDEVA RAO, CGSC FOR R1; SRI N.S.PRASAD, ADVOCATE FOR R2)

11

WP Nos.28639-28693/2014 FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE

RECORD RELATING TO THE IMPUGNED ORDER DT.23.4.14, OA.NOS.1109-1173/13 VIDE ANN-A & SET ASIDE THE SAID

ORDER AS ERRONEOUS & UNSUSTAINABLE IN LAW IN SO FAR AS PETITIONERS ARE CONCERNED & ETC.,

WP Nos.28694-28710/2014:

BETWEEN:

1. DR. M V SAMSON S/O M.SAMSON DANIEL AGED ABOUT 65 YEARS

DIRECTOR (RETIRED) CENTRAL SILK BOARD, BANGALORE

R/O NO.13, PARAMA STREET NAGARCOIL-629 001 (T.N.)

2. DR.R.G.GEETHADEVI W/O SHRI JAGADISH

AGED ABOUT 63 YEARS SCIENTIST "E" CENTRAL SILK RESEARCH TRAINING INSTITUTE

MYSORE, R/O NO.602, 10TH MAIN, 5TH CROSS "E" BLOCK, J.P.NAGAR

MYSORE-570 008 3. DR.K.SRIKANTA SWAMY

S/O LATE M.S.KRISHNAPPA AGED ABOUT 56 YEARS

WORKING AT REGIONAL SERICULTURAL RESEARCH STATION

CHAMARAJANAGAR 4. DR.M.K.PRITHVI RAJE URS

S/O M.KRISHNA URS AGED ABOUT 56 YEARS

WORKING AS SCIENTIST "C" CSRTI, MYSORE-570 008

12

5. DR.M.R.SINGHVI

S/O SOORAJ SINGHVI AGED ABOUT 54 YEARS

SCIENTIST "C" REGIONAL TASAR RESEARCH STATION BANDARE-441 904 (MAHARASHTRA)

6. DR.B.N.MURTHY

S/O LATE DR.B.NAGARAJ RAO AGED ABOUT 56 YEARS SCIENTIST "C", RESEARCH EXTENSION CENTRE

VIKARABAD -501 101 (A.P.) 7. DR.P.C.SANTHA

D/O M.K.KUTTISHANKAR MENON AGED ABOUT 51 YEARS, SCIENTIST "C" CSTRI, MYSORE-570 008.

8. A.J.KARANDE,

AGED ABOUT 52 YEARS S/O A.J.KARANDE, SCIENTIST "C"

RESEARCH EXTENSION CENTRE M.A.O.CAMPUS, PARBHANI-430 402 (MAHARASHTRA)

9. RAHUL SINGH

AGED ABOUT 55 YEARS S/O MAYASHANKAR SINGH SCIENTIST "C"

REC SUB UNIT, CSB NEAR SURYA MOTORS

N-2 CTBCO, AURANGABAD 10. DR.R.L.KATIYAR

AGED ABOUT 51 YEARS S/O RAM DAYAL KATIYAR

SCIENTIST "C" REC-SUB UNIT CSB AURANGABAD (MAHARASHTRA)

11. DR.G.B.SINGH, S/O BALAKRISHNA

AGED ABOUT 55 YEARS SCIENTIST "C"

13

RESEARCH EXTENSION CENTRE INDRANAGAR, AGARTHALA-799 006.

12. RAM VILAS KUSHWAHA

AGED ABOUT 50 YEARS, S/O RAMACHANDRA RESEARCH EXTENSION CENTRE (CSB) C/O GOVT. SILK PARK PALAPHATA

AKOLA ROAD BADNERA AMARAVATHI- 444 705 (MAHARASHTRA)

13. B.NAGARAJ

S/O K.G.BACHEGOWDA

AGED ABOUT 61 YEARS RETIRED SCIENTIST D

CSRTI, MYSORE-570 008 14. DR.S.RAVINDRAN

S/O DR.K.SUBRAMANYAM AGED ABOUT 62 YEARS, RETIRED SCIENTIST-C

CSR AND TI, MYSORE R/AT KOUSTUBHAM, NO.241

9TH CROSS, SRINIRAMPURA SECOND STAGE, MYSORE-570 023.

15. SRI.R.GURURAJ S/O T.K.RAMAIAH, AGED ABOUT 57 YEARS

WORKING AS SCIENTIST C SATELLITE SILKWORM BREEDING STATION CENTRAL SILK BOARD, P.B.NO.21

CORNWALL ROAD COONOOR-643 101

NILGIRIS, TAMIL NADU STATE. 16. SMT.E.RAJALAKSHMI

AGED ABOUT 50 YEARS W/O P. SANKARANARAYANA

WORKING AS SCIENTIST-C SATELLITE SILKWORM BREEDING STATION CENTRAL SILK BOARD

P.B.NO.21, CORNWALL ROAD COONOOR-643 101

NILGIRIS, TAMIL NADU STATE.

14

17. DR.T.SELVAKUMAR S/O THANGASWAMY

AGED ABOUT 49 YEARS SCIENTIST C

SILKWORM SEED PRODUCTION CENTRE OPP. SUB-JAIL, HUNSUR ROAD

NSSC, CSB, K.R.NAGAR MYSORE-571 602 ... PETITIONERS


AND:

1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF TEXTILES

GOVERNMENT OF INDIA NEW DELHI-110 001


REPRESENTED BY ITS MEMBER SECRETARY CSB COMPLEX, BTM LAYOUT MADIWALA, BANGALORE-560 068 ... RESPONDENTS

(BY SRI M VASUDEVA RAO, CGSC FOR R1;

SRI N.S.PRASAD, ADVOCATE FOR R-2)

WP Nos.28694-28710/2014 FILED UNDER ARTICLE 226

OF THE CONSTITUTION OF INDIA, PRAYING TO, CALL FOR THE RECORDS RELATING TO THE IMPUGNED ORDER DTD.23.4.2014 IN O.A.NOS.1414 TO 1451/2013 VIDE ANNEX-A AND SET ASIDE

THE SAID ORDERS AS ERRONEOUS AND UNSTAINABLE IN LAW IN SO FAR AS PETITIONERS ARE CONCERNED AND ETC.,

WP Nos.28711-28713/2014:

BETWEEN:

1. BHANU PRAKASH RAJ

S/O T.R. SRINIVAS MURTHY AGED ABOUT 57 YEARS

WORKING AS SCIENTIST- "C"

15

CSTRI, SILK BOARD BANGALORE-560 068

2. DR. PRAKASH MURTHY

S/O, D.B. PUTTASWAMY AGED ABOUT 58 YEARS WORKING AS SCIENTIST "C"

SILK WORM SEED TESTING LABORATARY, CSB

BANGALORE-560 035 3. B.N. SUSHELAMMA

AGED ABOUT 66 YEARS W/O SHIVAPPA

NO.28, ROOPASRIVARDHAN 3RD CROSS, K.H. ROAD SARASWATHIPURAM

MYSORE-570 009 ... PETITIONERS


AND:

1. THE UNION OF INDIA

REPRESENTED BY ITS SECRETARY MINISTRY OF TEXTILES

GOVERNMENT OF INDIA NEW DELHI-110 001

2. THE CENTRAL SILK BOARD REPRESENTED BY ITS MEMBER SECRETARY

CSB COMPLEX, BTM LAYOUT MADIWALA, BANGALORE-560 068 ... RESPONDENTS

(BY SRI M VASUDEVA RAO CGSC FOR R1; SRI N.S.PRASAD, ADVOCATE FOR R-2)

WP Nos.28711-28713/2014 FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA, PRAYING TO, CALL FOR THE

RECORDS RELATING TO THE IMPUGNED ORDER DT.22.4.14 IN OA.NOS.438-441/14, VIDE ANN-A & SET ASIDE THE ORDER AS

ERRONEOUS & UNSUSTAINABLE IN LAW AND ETC.,

16

WP Nos.29300-29362/2014:

BETWEEN:

1. DR. S RAJE URS AGED ABOUT 65 YEARS S/O.LATE SIDDARAJE URS

EARLIER WORKING AS DIRECTOR CENTRAL SILK BOARD, BANGALORE

SINCE RETIRED AND R/AT NO.535, 2A MAIN 164 CROSS, HSR LAYOUT

6TH SECTOR, BANGALORE-560 102

2. DR. CHANDRASHEKARAIAH AGED ABOUT 67 YEARS S/O.LATE KALE GOWDA

EARLIER WORKING AS JOINT DIRECTOR CENTRAL SILK BOARD, BANGALORE

SINCE RETIRED AND R/AT NO.595, I CROSS, KEMPEGOWDA LAYOUT

3RD PHASE, BANASHANKARI 3RD STAGE BANGALORE-560 085

3. DR. AMITABHA SARKAR AGED ABOUT 68 YEARS

S/O.ASHOK KUMAR SARKAR EARLIER WORKING AS DIRECTOR CENTRAL SILK BOARD, BANGALORE

SINCE RETIRED AND R/AT DG-4, ITTIRIA SARVA APARTMENTS

4TH MAIN, BALAJI EXTENSION HONGASANDRA, BANGALORE-560 068

4. JAYANT JAYASWAL AGED ABOUT 68 YEARS

S/O.LATE K.P.JAYASWAL EARLIER WORKING AS DIRECTOR CENTRAL SILK BOARD, BANGALORE

SINCE RETIRED, AND R/AT NO.200, ROYAL SHELTERS

DEVARACHIKKANAHALLI BANGALORE-560 076

17

5. N.M.BIRAM SAHEB

AGED ABOUT 64 YEARS EARLIER WORKING AS SCIENTIST-D

CENTRAL SILK BOARD, BANGALORE SINCE RETIRED, AND R/AT C/O.M.ALLAUDIN, NO.19, III FLOOR

OPP: AI HUDA MOSQUE, IV MAIN GANGANAGAR EXTENSION

R.T.NAGAR POST, BANGALORE-560 032 6. SYED SAMIULLA

AGED ABOUT 65 YEARS S/O.SYED MAHAMOOD

EARLIER WORKING AS SCIENTIST-D CENTRAL SILK BOARD, BANGALORE SINCE RETIRED, AND R/AT

NO.7, BLOCK-7, SHYIVASHAKTI ROAD SHAKTINAGAR, MYSORE-570 019

7. DR.W.DAMODARA NAIDU

AGED ABOUT 62 YEARS S/O.W. BHASKARA NAIDU EARLIER WORKING AS SCIENTIST-C

CENTRAL SILK BOARD, BANGALORE SINCE RETIRED, AND R/AT

726-MIG, BHEL, R.C.PURAM HYDERABAD-502 032

8. DR. H.V. RAJU AGED ABOUT 59 YEARS

S/O.B.T. VENKATA EARLIER WORKING AS SCIENTIST-D CENTRAL SILK BOARD, SCPC, NSSO

CSB, KUNIGAL, R/AT NO.1193 II MAIN, II STAGE, SRIRAMPURA

MYSORE-570 008 9. MALLIKARJUNA

AGED ABOUT 61 YEARS S/O.LINGAPPA, SINCE RETIRED

CENTRAL SILK BOARD R/AT NO.259, 9TH CROSS,

18

II STAGE, SRIRAMPURA MYSORE-570 063

10. DR. G. VEMANANDA REDDY

AGED ABOUT 59 YEARS S/O.LATE G.CHINNA OBAIAH WORKING AS SCIENTIST-D

CENTRAL SILK BOARD SILKWORM SEED TECHNOLOGY LABORATORY

CARMELRAM POST, SARJAPUR ROAD KODATHI, BANGALORE-560 032 R/AT NO.36/2, 3RD CROSS

SARAKKI LAYOUT, J.P NAGAR VI PHASE, BANGALORE

11. DR. RAVINDRA SINGH

AGED ABOUT 59 YEARS

S/O.MAHENDRA SINGH WORKING AS SCIENTIST-D

CENTRAL SILK BOARD SILWORM SEED TECHNOLOGY LABORATORY

NSSO, CSB, CARMEIRAM POST KODATHI, BANGALORE--560 035

12. DR.K.L.RAJANNA AGED ABOUT 59 YEARS

S/O.LINGAIAH, WORKING AS SCIENTIST-D CENTRAL SILK BOARD RSRS, KODATHI, BANGALORE--560 035

R/AT NO.29, I CROSS MANJUNATH LAYOUT

ARAKERE, B.G.ROAD BANGALORE-560 076

13. DR. D.RAGHAVENDRA RAO AGED ABOUT 57 YEARS

S/O D.AMMA RAO WORKING AS SCIENTIST-C CENTRAL SILK BOARD

P2 BASIC SEED FARM, GAVIMATTA NSSO, BALLIKERE POST

K.R.PET TALUK, MANDYA DISTRICT R/AT NO.328, NEAR PUTTAVEERAMMA DEAF

19

AND DUMB SCHOOL, VISHVESHWARANAGAR MYSORE-570 009

14. SMT. G.LEELADEVI

AGED ABOUT 52 YEARS W/O C.PARAMESHWARA WORKING AS SCIENTIST-C

CENTRAL SILK BOARD SSPC, NSSO, OPP.SUB -JAIL

K.R.NAGAR-571 608 R/AT NO.4191, 10TH CROSS 17TH MAIN, VIJAYANAGAR, 2ND STAGE

MYSORE-570 017

15. DR. K.BHOGESHA AGED ABOUT 58 YEARS S/O. LATE KARIGOWDA

WORKING AS SCIENTIST-C CENTRAL SILK BOARD

SILKWORM SEED PRODUCTION CENTRE MYSORE AND R/AT 3RD CROSS

BOOGADI II STAGE MYSORE-570 026

16. H.JAGADISH PRABHU AGED ABOUT 55 YEARS

S/O.H.SEETHARAM PRABHU WORKING AS SCIENTIST-C CENTRAL SILK BOARD

SILKWORM SEED PRODUCTION CENTRE NATIONAL SILKWORM SEED ORGANISATION

I STAGE, BTM LAYOUT, DOLLARS SCHEME 3RD CROSS, MADIWALA, BANGALORE-560 068

17. VINOD KRISHNA RAO HARIAPUR AGED ABOUT 48 YEARS, S/O.KRISHNA RAO

WORKING AS SCIENTIST-C CENTRAL SILK BOARD SILKWORM SEED PRODUCTION CENTRE

KANAKAPURA ROAD, MALAVALLI R/AT NO.32, NISARGA

4TH MAIN, 9TH CROSS, HALANHALLI MYSORE- 560 023

20

18. DR. HIRIYANNA AGED ABOUT 59 YEARS

S/O.LATE JAVARAIAH WORKING AS SCIENTIST-C

CENTRAL SILK BOARD BASIC SEED FARM, NSSO, CSB THARDAKUPPE POST, NAGENAHALLY

KUNIGAL TALUK, TUMKUR DISTRICT R/AT NO.5, DATTAGALLI

RAMAKRISHNAGARARA, J BLOCK MYSORE-570 023

19. DR. K.SATHYA PRASAD AGED ABOUT 56 YEARS

S/O.LATE K V SUBBA RAO WORKING AS SCIENTIST-C CENTRAL SILK BOARD

P2 BASIC SEED FARM, NSSO, CSB SILK FARM, NAGAMANGALA

R/AT NO.407, SURYAVAMSHI APARTMENTS TARNAKA, HYDERABAD-17, ANDHRA PRADESH

20. H.S.PHANIRAJ

AGED ABOUT 56 YEARS

S/O.H.R.SHAMA RAO WORKING AS SCIENTIST-C

CENTRAL SILK BOARD SILKWORM SEED PRODUCTION CENTRE NSSO, OPPOSITE GIRIJA SHANKARA

KALYANA MANTAPA, VIJAYAPURA-562 135

21. SMT.T.D.JYOTHI AGED ABOUT 49 YEARS W/O.J.B. BADARI

WORKING AS SCIENTIST-C SILKWORM SEED PRODUCTION CENTRE

NATIONAL SILKWORM SEED ORGANISATION CENTRAL SILK BOARD I STAGE, BTM LAYOUT, DOLLARS SCHEME

3RD CROSS, MADIWALA, BANGALORE-560 068 R/AT NO.96, NANDANA, 2ND MAIN

5TH CROSS, SOUDHAMINI LAYOUT KONAKUNTE, BANGALORE-560 062

21

22. D. SHANKARA, AGED ABOUT 53 YEARS S/O.N.P.SHIVARAMAIAH


SSPC, NSSO, MANANDAVADI ROAD MYSORE-4 AND R/AT NO.40, BLOCK-4 MADHUVAN LAYOUT


23. DR.Y.V. RAMANJANEYULU

AGED ABOUT 59 YEARS

S/O.Y. KRISHNA MOORTHY WORKING AS SCIENTIST-C

CENTRAL SILK BOARD SSPC, NSSO, CSB, ADJACENT TO GHOUSIA ENGINEERING COLLEGE

B.M.ROAD, RAMANGARAM-562 159 AND RESIDING AT NO.230, D-4

NETHRAVATHI BLOCK, KORAMANGALA BANGALORE-560 047

24. J.SOMI REDDY

AGED ABOUT 58 YEARS

S/O.J.SIVA REDDY WORKING AS SCIENTIST-C

NATIONAL SILKWORM SEED ORGANISATION CENTRAL SILK BOARD IV FLOOR, BTM LAYOUT, MADIVALA

BANGALORE-560 068 AND R/AT NO.196, SAISIVA

5TH CROSS, I MAIN ROAD, 2ND STAGE ARAKERE, MICO LAYOUT B.G.ROAD, BNAGALORE-560 035

25. DR. M.R. SUBRAHMANYAM

AGED ABOUT 59 YEARS S/O.M. VENKATASUBBAIAH WORKING AS SCIENTIST-C

CENTRAL SILK BOARD RESEARCH EXTENSION CENTRE

SUB-UNIT, KANAKAPURA R/ AT NO.88, CENTRAL SILK BOARD LAYOUT

22

4TH CROSS, KASAVANAHALLI KANALLI POST BANGALORE-560 035

26. SMT. H.S. SARVAMANGALA

AGED ABOUT 48 YEARS W/O.N.S.CHANDRASHEKAR WORKING AS SCIENTIST-C

CENTRAL SILK BOARD SILKWORM SEED PRODUCTION CENTRE

P.B.NO.7, B.M.ROAD RAMANAGARAM-562 159 R/AT NO.1334, 23RD MAIN

25TH CROSS, POORNAPRAJNA NAGAR UTTARAHALLI, BANGALORE-5600 061

27. N JAGADEESH

AGED ABOUT 57 YEARS

S/O.LATE K.L.NARASINGH WORKING AS SCIENTIST-C

CENTRAL SILK BOARD NSSO, CHIKKAMALAVADI -572 120

KUNIGAL TALUK, R/AT NO.61, CSB LAYOUT KASAVANAHALLI, CARMELRAM POST BANGALORE-560 035

28. N. SHIVASHANKAR

AGED ABOUT 59 YEARS S/O.B.NAGAIAH WORKING AS SCIENTIST-C

CENTRAL SILK BOARD REGIONAL SERICULTURAL RESEARCH STATION

CARMELRAM POST, KODATHI BANGALORE-560 035 R/AT NO.131, NEAR SHANIMAHATMA TEMPLE

DODDAKANNAHALLI, CARMELRAM POST KODATHI, BANGALORE-560 035

29. DR. PERUMALAL SUDHAKAR

AGED ABOUT 51 YEARS

W/O.P.ESWARAIAH WORKING AS SCIENTIST-C

CENTRAL SILK BOARD RSRS, CSB, KODATHI

23

BANGALORE-560 035 R/AT C/O. E. RAVINDRA BABU

NAMSHA NURSERY FARM KODATHI GATE, SARJAPURA ROAD

BANGALORE-560 035 30. DR. P.SUDHAKARA RAO

AGED ABOUT 53 YEARS S/O.P.DEVASHYAM

WORKING AS SCIENTIST-C CENTRAL SILK BOARD RSRS, KODATHI, BANGALORE-560 035

R/AT NO.1, KAIKONDAHALLI SARJAPURA ROAD

BANGALORE-560 035 31. DR. K.M.VIJAYA KUMARI

AGED ABOUT 50 YEARS W/O.P.SUDHAKARA RAO


SSTL, KODATHI BANGALORE-560 035 R/AT NO.1, KAIKONDAHALLI

SARJAPURA ROAD, BANGALORE-560 035

32. SMT.K.L.PHIMOMENA AGED ABOUT 57 YEARS W/O.M.SELVARAJ


RSRS, KODIHALLI, BANGALORE-560 075 R/AT NO.27, CSB LAYOUT II CROSS, KASAVANAHALLI BALLENDUR

KAIKONDAHALLI, SARJAPURA ROAD BANGALORE-560 035

33. DR. ARAVIND KUMAR AWASTHI

AGED ABOUT 58 YEARS

S/O.LATE SRI RAM SUMIR AWASTHI WORKING AS SCIENTIST-C

CENTRAL SILK BOARD SERIBIOTECH RESEARCH LABORATORY

24

CSB CAMPUS, KODATHI, SARJAPURA ROAD CARMELRAM POST, BANGALORE-560 035

AND R/AT NO.209, SRI TIRUMALA SYMPHONY CHIKKATOGUR MAIN ROAD

ELECTRONIC CITY POST OFFICE BANGALORE-560 100

34. M.MOHANDASA SHANBHOGUE AGED ABOUT 50 YEARS

S/O.H.GOPALKRISHNA SHANBHOGUE WORKING AS SCIENTIST-C CENTRAL SILK BOARD

SILKWORM SEED PRODUCTION CENTRE RAMAPURA GATE, KOLAR ROAD

CHINTAMANI-573 125 R/ AT CSB STAFF QUARTERS CHINTAMANI-563 125

35. DR. R.DAYANANDA REDDY

AGED ABOUT 58 YEARS S/O.R.NARASIMNHA REDDY

WORKING AS SCIENTIST-C CENTRAL SILK BOARD SILKWORM SEED PRODUCTION CENTRE

GUDDAM, HANDIPUR-515202 ANDHRA PRADESH

R/AT CENTRAL SILK BOARD QUARTERS GUDDAM, HANDIPUR, ANDHRA PRADESH

36. DR. D. SUBBA RAO AGED ABOUT 59 YEARS

S/O.D.SEETHARAMAIAH WORKING AS SCIENTIST-C CENTRAL SILK BOARD

SERICULTURE SERVICE CENTRE LIC COLONY,VIJAYAWADA-520 008

R/AT 48017-4/2. NAGARJUNA NAGAR OPP.MEDICAL COLLEGE VIJAYAWADA-520 008

ANDHRA PRADESH

37. DR.R.N.PRASAD AGED ABOUT 56 YEARS

25

S/O.R.LAKSHMAIAH WORKING AS SCIENTIST-C

CENTRAL SILK BOARD SILKWORM SEED PROUDUCTION CENTRE

NSSO, CENTRAL SILK BOARD IDSMT OFFICE COMPLEX PEDDAPURAM-533 437

EAST GODAVARI DISTRICT R/AT NO.14-1, BANK COLONY

SAMARLAKTA ROAD, PEDDAPURAM 38. DR. M.V.K.BHAGAVANULU

AGED ABOUT 49 YEARS S/O.LATE M.V.NAGARAJA RAO

WORKING AS SCIENTIST-C CENTRAL SILK BOARD BASIC SEED MULTICATION AND

TRAINING CENTRE, ITDA QUARTERS NEAR NEW BUS STAND

CHENNUR-504 201 RESIDING AT C/O.SRI K.K.REDDY

ADARSH NAGAR, OPP. NES BUS STAND CHENNUR-504 201 ADILABAD DISTRICT, ANDHRA PRADESH

39. DR. KONDA SRIPRAKASH

AGED ABOUT 48 YEARS S/O.K.S. SESHAGIRI RAO WORKING AS SCIENTIST-C

CENTRAL SILK BOARD BSM &TC, RAMPACHODAVARAM

EAST GODAVARI DISTRICT ANDHRA PRADESH AND R/AT DOOR NO.19/2/117,

VEERABHADRAPURAM S2 PRABHALIKA HEIGHTS

RAJHMUNDRY, ANDHRA PRADESH- 506 001 40. DR. R.S.JAIKISHAN SINGH

AGED ABOUT 52 YEARS S/O.LATE R.SHIVASHANKAR SINGH


26

REGIONAL TASAR RESEARCH STATION BALASAMUDRAM

HANAMKONDA-506 001 ANDHRA PRADESH, RESIDING AT

NO.5-11-35/1, NAIN NAGAR ANDHRA PRADESH

41. B.V.SANJEEVA RAO AGED ABOUT 54 YEARS

S/O.LATE B.SEETHA RAMARAO WORKING AS SCIENTIST-C CENTRAL SILK BOARD

REGIONAL TASAR RESEARCH STATION BALASAMUDRAM

HANAMKONDA-506 001 ANDHRA PRADESH, RESIDING AT NO.5011-75/1, NAIN NAGAR

HANAMKONDA-506 001 ANDHRA PRADESH

42. M.SUBBA RAO

AGED ABOUT 59 YEARS S/O.M. LAKSHMINARAYANA WORKING AS SCIENTIST-C

CENTRAL SILK BOARD REGIONAL TASAR RESEARCH STATION

CTR & TI, D.NO.7-1-4, APSFC COMPLEX BESIDE DISTRICT CENTRAL LIBRARY HANAMKONDA, WARRANGAL-506 001

ANDHRA PRADESH, RESIDING AT C/O. M.SAI LAKSHMI

FLAT NO.101, FORTVIEW APARTMENTS NEAR GNANAPRABHA SCHOOL HYDEREGUDA, ATTAPUR

HYDERABAD-500 048 ANDHRA PRADESH

43. DR.CHEENEPALLI RAVI SHANKARA

AGED ABOUT 51 YEARS

S/O.LATE C. PADMABABHA RAO WORKING AS SCIENTIST-C

CENTRAL SILK BOARD RESEARCH EXTENSION CENTRE

27

CTR & TI, H.NO.11-1-175 OPP.KODANDARAMA TEMPLE

BHADRACHALAM-507 111 ANDHRA PRADESH

44. DR. V.V.V.S.K.VENU BABU

AGED ABOUT 57 YEARS

S/O.LATE V. VENKATA RAO WORKING AS SCIENTIST-C

CENTRAL SILK BOARD RESEARCH EXTENSION CENTRE CTR & TI, H.NO.11-1-175

OPP.KODANDARAMA TEMPLE, BHADRACHALAM-507 111

KHAMMAM DISTRICT, ANDHRA PRADESH R/AT NO.3-1-691B, TTD COTTAGE ROAD RANGANAYAKULA GUTTA

BHADRACHALAM-507 111 KHAMMAM DISTRICT, ANDHRA PRADESH

45. DR. V.SESHA BABU

AGED ABOUT 59 YEARS S/O.LATE V. VENKATA REDDY WORKING AS SCIENTIST-C

CENTRAL SILK BOARD BSMTC, NARASAPUR-502 313

DISTRICT MEDAK, ANDHRA PRADESH R/AT PLOT NO.40, RAGHAVENDRA COLONY BEERAMGUDDA, DISTRICT MEDAK, A.P.

46. B.SRINATH, S/O.B.VENKAT SWAMY

AGED ABOUT 49 YEARS WORKING AS SCIENTIST-C CENTRAL SILK BOARD P2 BASIC SEED FARM

HORSLEY HILLS, MADANAPALLE, CHITTOR-517 325 R/AT CSB CAMPUS, NAKKALADINEY

MADANAPALLE, CHITTOR- 517 325 ANDHRA PRADESH

47. DR.P.DEEPA AGED ABOUT 47 YEARS

W/O.D.MOHAN RAO WORKING AS SCIENTIST-C

28

SILKWORM SEED PRODUCTION CENTRE NSSO, CENTRAL SILK BOARD

CHITTOR-517 128 R/AT NO.III-161/28/1

SBI COLONY EXTENSION NLF KIDS CAMPUS ROAD, SBI COLONY MADANAPALLE- 517 325

CHITTOR DISTRICT, ANDHRA PRADESH.

48. M.MAHESH AGED ABOUT 53 YEARS S/O.LATE M.VITTAL MURTHY


SILKWORM SEED PRODUCTION CENTRE NEAR SHIVALAYAM, NAKKALADINNE MADANAPALLE-517 325

CHITTOR DISTIRCT, ANDHRA PRADESH

49. DR.M.VENKATESHWARA RAO AGED ABOUT 59 YEARS

S/O.M.SATHYANARAYANA MURTHY WORKING AS SCIENTIST-C CENTRAL SILK BOARD

RESEARCH EXTENSION CENTRE 26-1-23, KODANDA RAMALAYAM STREET

AMEENAPET, ELURU-534 006 WEST GODAVARI DISTRICT, ANDHRA PRADESH R/ AT SRI SAI SADAN PLOT NO.57

H.NO.24A-9-4, YARAPRAGADA STREET ASHOK NAGAR, ELURU-534 002

50. DR. R.MANOHAR REDDY

AGED ABOUT 55 YEARS

S/O.LATE R.T.REDDAPPA REDDY WORKING AS SCIENTIST-B

CENTRAL SILK BOARD P2 BASIC SEED FARM, SUDHANAGAR PARIGI-515 261, ANANTHAPUR DISTRICT

ANDHRA PRADESH, R/AT CENTRAL SILK BOARD QUARTERS, SUDHANAGAR, PARIGI-515 261

ANANTHAPUR DISTRICT ANDHRA PRADESH

29

51. DR. MADANA MOHANAN N

AGED ABOUT 53 YEARS S/O.K.NANU, WORKING AS SCIENTIST

CENTRAL SILK BOARD SSPC, NSSO, CENTRAL SILK BOARD ERATTAYAL, KODUMBU P.O

PALLAKAD, KERALA-678 551 R/AT SSPC QUARTERS /IV-1

ERATTAYAL, KODUMBU P.O, PALLAKAD, KERALA-678 551

52. JESSY DANIEL AGED ABOUT 46 YEARS

W/O.D. SANKY WORKING AS SCIENTIST CENTRAL SILK BOARD

SSPC, ERATTAYAL, PALLAKAD KERALA STATE- 678 551

R/ AT KRUPAYAL (H), MARUTHA ROAD P.O PALLAKAD, KERALA STATE

53. K. SARALA

AGED ABOUT 54 YEARS

W/O.K.P.ASHOKAN WORKING AS SCIENTIST-C

CENTRAL SILK BOARD RESEASRCH EXTENSION CENTRE PALLATHERI P.O.

PALAKAD-678 007, KERALAL STATE R/ AT ASWATHY BHAVAN, ERATTAYAL

MARUTHAROAD P.O. PALLAKAD-678 007 KERALA STATE

54. M.SIAMALA, AGED ABOUT 47 YEARS W/O.T.K.RADHAKRISHNAN

WORKING AS SCIENTIST-C CENTRAL SILK BOARD RESEARCH EXTENSION CENTRE

PALLATHERI P.O PALAKAD-678 007 KERALAL STATE, R/AT KRISHNAKRIPA

CHEMPADAMKALAM, CHANDRANAGAR P.O PALLAKAD-678 007, KERALA STATE.

30

55. ISAC JOSEPH, S/O.K.J.JOSEPH AGED ABOUT 56 YEARS


REC SUBUNIT, GOBI ROAD CHEYUR P.O. AVINASHI THIRUPPUR DISTRICT-641 655

R/AT KALIKARAN PARAMPIL KIZHAKKUMBHAGOM P.O

NIRANAM-TIRUVALLA KERALA STATE-689 620

56. DR. TOMY PHILIP AGED ABOUT 61 YEARS

S/O.LATE K.J.PHILIP RETIRED, CENTRAL SILK BOARD R/AT VADAKKEKKARA

VAROOR P.O.CHANANACHERRY-686 104 KERALA STATE

57. PIJUST KANTI DAS

AGED ABOUT 63 YEARS RETIRED, CENTRAL SILK BOARD S/O.UMESH CHANDRA DAS

34-B, M BLOCK, 5TH MAIN KUVEMPUNAGAR, MYSORE-570 023

58. DR. R.S.KATIYAR

AGED ABOUT 58 YEARS

S/O.MALIKRAN KATIYAR WORKING AS SCIENTIST-C

CSR &TI, MYSORE R/AT NO.19,TYPE IV SB STAFF QUARTERS, JLB ROAD

VIDYARANYAPURAM, MYSORE-570 008

59. DR. KESHVACHARYULU AGED ABOUT 60 YEARS S/O.NARASIMHACHARYALU

RETIRED, CENTRAL SILK BOARD 481, KUMARAKRUPA

POSTAL COLONY, I STAGE VISHWESHVARANAGAR, MSYORE-570 003

31

60. DR. R.N.SINGH AGED ABOUT 62 YEARS

S/O.ABHAYA RAJ SINGH RETIRED, CENTRAL SILK BOARD

DT-3, ITTINASARVA APARTMENTS 4TH MAIN ROAD, HONGASANDRA BOMMANAHALLY, BANGALORE-560 068

61. C.C.CHOUDHARI

AGED ABOUT 65 YEARS S/O.KALICHARAN CHOUDHARI RETIRED, CENTRAL SILK BOARD

DG-3, ITTINASRVA APARTMENTS BEGUR ROAD, 4TH MAIN

HONGASANDRA, BOMMANAHALLY BANGALORE-560 068

62. A.K.SEN, S/O.LAKSHMAMCHANDRA SEN AGED ABOUT 65 YEARS,

RETIRED, CENTRAL SILK BOARD 607, 4TH MAIN, 10TH CROSS

F &F BLOCK, RAMAKRISHNA NAGAR MYSORE-570 023

63. DR. R.K.DATTA S/O.S.C.DATTA

AGED ABOUT 71 YEARS RETIRED, CENTRAL SILK BOARD 202, 8TH CROSS, SRIRAMPURAM

2ND STAGE, MYSORE-570 023 ... PETITIONERS

(BY SRI SUBRAMANYA JOIS, SENIOR ADVOCATE FOR SRI SHANTAKUMAR K C, ADVOCATE)

AND:

1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF TEXTILES

UDYOG BHAVAN, NEW DELHI-110 001

2. THE CENTRAL SILK BOARD (ESTABLISHED BY THE MINISTRY OF TEXTILES

32

GOVERNMENT OF INDIA) CSB COMPLEX, BTM LAYOUT

MADIWALA, BANGALORE-560 068 REPRESENTED BY ITS MEMBER SECRETARY

& THE CHIEF EXECUTIVE OFFICER 3. THE DEPARTMENT OF SCIENCE

AND TECHNOLOGY, GOVERNMENT OF INDIA TECHNOLOGY BHAVAN

NEW MEHRAULI ROAD NEW DELHI-110 016 REPRESENTED BY ITS SECRETARY

4. THE DEPARTMENT OF PERSONNEL

AND TRAINING, MINISTRY OF PERSONNEL PUBLI GRIEVANCE AND PENSIONS GOVERNMENT OF INDIA

NEW DELHI- 110 016, REPRESENTED BY ITS SECRETARY ... RESPONDENTS

(BY SRI M VASUDEVA RAO, CGSC FOR R1, 3 & 4;

SRI N.S.PRASAD, ADVOCATE FOR R2)


THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS RELATING TO CONCERNING AND CONNECTED

WITH THE IMPUGNED ORDER DTD.23.4.2014 RENDERED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE IN ORIGINAL APPLICATION NOS.742 TO 808/2013

ON ITS FILE VIDE ANNEX-A PERUSE THE SAME AND QUASH THE SAID ORDER AS UNSUSTAINABLE IN LAW, IN SO FAR AS THE

PETITIONERS ONLY AND ETC.

WP No.30539/2014:

BETWEEN:

DR. T H SOMASHEKAR AGED ABOUT 68 YEARS

S/O.LATE K.HIRIYANNAIAH RETIRED DIRECTOR OF CENTRAL SILK BOARD

BANGALORE, NOW R/AT FLAT NO.302 K.T.APARTMETNS (RAMALAXMAN)

33

NO.90, K.L.ROAD, V.V.PURAM BANGALORE-560 004 ...PETITIONER

(BY SRI SUBRAMANYA JOIS, SR.ADVOCATE

FOR SRI SHANTAKUMAR K C, ADVOCATE) AND:

1. THE UNION OF INDIA

REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF TEXTILES UDYOG BHAVAN

NEW DELHI-110 001

2. THE CENTRAL SILK BOARD (ESTABLISHED BY THE MINISTRY OF TEXTILES

GOVERNEMNT OF INDIA) CSB COMPLEX, BTM LAYOUT

MADIWALA BANGALORE-560 068

REPRESENTED BY ITS MEMBER SECRETARY AND THE CHIEF EXECUTIVE OFFICER ... RESPONDENTS

(BY SRI M VASUDEVA RAO, CGSC FOR R1;

SRI N.S.PRASAD, ADVOCATE FOR R2)

WP No.30539/2014 FILED UNDER ARTICLES 226 & 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS RELATING TO, CONCERNING AND CONNECTED

WITH THE IMPUGNED ORDER DT.22.4.2014 RENDERED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE IN ORIGINAL APPLICATION NO.438 TO 441/2014

ON ITS FILE VIDE ANNX-A PERUSE THE SAME AND QUASH THE SAID ORDER AS UNSUSTAINABLE IN LAW, IN SO FAR AS THE

PETITIONER ONLY AND ETC.,

WP Nos.30540-30544 & 30545/2014:

BETWEEN:

1. SRI S RAJAKUMAR AGED ABOUT 56 YEARS, S/O M.SELVARAJ

34

SCIENTIST-C, REGIONAL SERICULTURAL RESEARCH STATION, CENTRAL SILK BOARD

ALLIKOTTAI (P.O) VEERANAM ROAD SALEM-636 003 (T.N.)

2. SMT.C.A.MARY FLORA

AGED ABOUT 47 YEARS

W/O E.P.DAVIDSON BALAKUMAR SCIENTIST-C, REGIONAL SERICULTURAL

RESEARCH STATION CENTRAL SILK BOARD, ALLIKOTTAI (P.O) VEERANAM ROAD, SALEM-636 003 (T.N.)

3. SRI.V.CHINNADURAI

AGED 54 YEARS, S/O M.VEERAN SCIENTIST-C, SSPC, CENTRAL SILK BOARD 11/12, INDUSTRIAL ESTATE

COLLECTORATE POST, DHARMAPURI-5 (T.N)

4. DR.T.S.KRISHNAMOORTHY AGED ABOUT 57 YEARS

S/O T.SWAMYNATHA PILLAY SCIENTIST-D, P2, BSF YELAGIRIHILLS MANGALAM VILLAGE POST

VELLORE DISTRICT-635 853(T.N)

5. DR.CHIKKANNA, AGED ABOUT 59 YEARS S/O LATE KALAIAH SCIENTIST-D, REGIONAL SERICULTURAL

RESEARCH STATION CENTRAL SILK BOARD, ALLIKOTTAI (P.O)

VEERANAM ROAD, SALEM-636 003 (T.N.) 6. SRI.R.VIJAYAKUMAR

AGED ABOUT 56 YEARS S/O RAJARAM, SCIENTIST-C

REGIONAL SERICULTURAL RESEARCH STATION, CENTRAL SILK BOARD ALLIKOTTAI (P.O) VEERANAM ROAD

SALEM-636 003 (T.N.) ...PETITIONERS

(BY SRI. SUBRAMANYA JOIS, SR. ADVOCATE FOR SRI SHANTAKUMAR K.C, ADVOCATE)

35

AND:

1. THE UNION OF INDIA, REPRESENTED BY THE

SECRETARY TO GOVERNMENT MINISTRY OF TEXTILES UDYOG BHAVAN, NEW DELHI-110 001


(ESTABLISHED BY THE MINISTRY OF TEXTILES, GOVERNMENT OF INDIA) CSB COMPLEX, BTM LAYOUT

MADIWALA, BANGALORE-560 068 REPRESENTED BY ITS MEMBER

SECRETARY AND THE CHIEF EXECUTIVE OFFICER ... RESPONDENTS

(BY SRI M.VASUDEVA RAO CGSC FOR R1; SRI N.S.PRASAD, ADVOCATE FOR R2)

WP Nos.30540-30544/2014 & 30545/2014 FILED UNDER

ARTICLES 226 & 227 OF THE CONSTITUTION ON INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS RELATING TO COCNERNING AND CONNECTED WITH THE IMPUGNED ORDER

DATED 23.4.2014 RENDERED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE IN ORIGINAL

APPLIATION NOS. 1414 TO 1451/2013 ON ITS FILE VIDE ANN-A PERUSE THE SAME AND QUASH THE SAID ORDER AS UNSUSTAIABLE IN LAW IN SO FAR AS THE PETITIONERS ONLY

AND ETC.,

WP Nos.31794-31808/2014 & 31810-31814/2014:

BETWEEN:

1. DR. G HARIRAJ, S/O.V.K.GOPAL

AGED ABOUT 53 YEARS WORKING AS SCIENTIST-C CSTRI, CENTRAL SILK BOARD

CSB COMPLEX, BTM LAYOUT BANGALORE, R/AT NO.49

3RD CROSS, CSB LAYOUT KASAVANHALLI, BANGALORE-560 035

36

2. DR. KARIYAPPA S/O CHOWDAIAH


CSR & TI, CENTRAL SILK BOARD SRIRAMPURA, MYSORE R/AT NO.18 TYPE-4, CSR &

TI STAFF QUARTERS JCB ROAD, VIDYARANYAPURA

MYSORE-570 008 3. SRI K.P.SHIVAKUMAR

S/O.P.N.PURDAPPA AGED ABOUT 50 YEARS

WORKING AS SCIENTIST-C CSR&TI, CENTRAL SILK BOARD SRIRAMPURA, MYSORE

R/AT NO.33/44, 32ND CROSS RAGHAVENDRANAGAR, NEAR K.V.SCHOOL

MYSORE-570011

4. SRI M.N.CHANDRA SHEKAR S/O.M.S.NARYANA RAO AGED ABOUT 49 YEARS

WORKING AS SCIENTIST-C CSTRI, CENTRAL SILK BOARD

RSTRS, KOLLEGAL R/AT NO.846, 6TH MAIN 2ND CROSS, ARAVINDNAGAR

MYSORE-570023

5. SRI SHIVAKUMAR B.MURGAD S/O. BASAVARAJ MURGAD AGED ABOUT 47 YEARS

WORKING AS SCIENTIST-C, CSTRI CENTRAL SILK BOARD

SERICULTURE COMPLEX, HINDUPUR R/AT VIDYANAGAR, ANNIGERI DIST DHARWAD-582201

6. SRI PRAKASH NAIK

S/O.YAMANAPPA NAIK AGED ABOUT 49 YEARS

37

WORKING AS SCIENTIST-C CSTRI, CENTRAL SILK BOARD

SCTH, DHARMAVARAM, R/AT NO.336 ARISTIPATHI, 9TH CROSS, 5TH MAIN

VINAYAK LAYOUT, NAGARBHAVI BANGALORE-560 072

7. SRI BASAVANNEPPA G.PATIL S/O.GURUSHIDAPPA PATIL

AGED ABOUT 55 YEARS WORKING AS SCIENTIST-C, CSTRI CENTRAL SILK BOARD

DCTSC, DHARMAPURI R/AT NO.44, GANGOTHRI

3RD CROSS, VASTU ENCLAVE KUDLU, BANGALORE-560 068

8. DR. JAMEELA KHATOON D/O MOHAMMED SYEED KHAN


CSTRI, CENTRAL SILK BOARD, CSB COMPLEX BTM LAYOUT, BANGALORE R/AT NO.272/B, 37TH A CROSS

8TH BLOCK, JAYANAGAR BANGALORE-560 082

9. SRI KIRAN B.MALALI

S/O.BHIMARADDI M.MALALI


CSTRI, CENTRAL SILK BOARD CSB COMPLEX, BTM LAYOUT BANGALORE, R/AT NO.202

CRYSTAL PARK APARTMENTS 3RD CROSS, 36TH MAIN

BTM LAYOUT, I STAGE BANGALORE-560 068

10. DR. UDAY C. JAVALI S/O.LATE CHANABASAPPA JAVALI


38

CSTRI, CENTRAL SILK BOARD CSB COMPLEX, BTM LAYOUT

BANGALORE R/AT NO.D-9, BLOCK NO.3

SILK BOARD QUARTERS, MADIWALA BANGALORE-560 068

11. SRI S.ANAND KUMAR S/O.T.S.SHIVALINGAPPA

AGED ABOUT 50 YEARS WORKING AS SCIENTIST-C CSTRI, CENTRAL SILK BOARD

RSTRS, SIDLAGHATTA R/AT NO.125, 3RD CROSS

MARUTHI TEMPLE ROAD GANGOTRI LAYOUT MYSORE-570009

12. SRI K.N.MAHESH

S/O.LATE K.P.NARSHIMHAIAH AGED ABOUT 48 YEARS

WORKING AS SCIENTIST-D CSTRI, CENTRAL SILK BOARD RSTRS, SIDLAGHATTA

R/AT NO.297, GOWDAGERE STREET BEHIND CANANRA BANK

CHICKBALLAPUR-562101 13. SRI K.JAGANATHAN

S/O.P.KANDASAMY AGED ABOUT 48 YEARS

WORKING AS SCIENTIST-D CSTRI, CENTRAL SILK BOARD CSB COMPLEX, BTM LAYOUT

BANGALORE, R/AT D-24, BLOCK-3 CSB STAFF QUARTERS

BTM LAYOUT, MADIWALA BANGALORE-560 068

14. SRI H.H.SHAMBULINGAPPA S/O.HANUMANTHAPPA


39

CSTRI, CENTRAL SILK BOARD, CSB COMPLEX BTM LAYOUT, BANGALORE

R/AT NO.13, EAST END D MAIN ROAD EAST END, JAYANAGAR 9TH BLOCK

BANGALORE 15. SRI MALAY KUMAR GHOSH

S/O.LATE UPENDRANATH GHOSH AGED ABOUT 56 YEARS

WORKING AS SCIENTIST-D CSTRI, CENTRAL SILK BOARD CSB COMPLEX, BTM LAYOUT

BANGALORE. R/AT NO.D-19 CENTRAL SILK BOARD QUARTERS

BTM LAYOUT, MADIWALA BANGALORE-560 068

16. BASAVARAJ HERAKAL S/O.CHANNABASAPPA HERAKAL


CSTRI, CENTRAL SILK BOARD CSB COMPLEX, BTM LAYOUT, BANGALORE R/AT NO.70, BTM II STAGE

TAVARKERE, BANGALORE-560 079

17. DR. Y.C.RADHALAKSHMI W/O D.VARADARAJU AGED ABOUT 48 YEARS

WORKING AS SCIENTIST-D CSR &TI, CENTRAL SILK BOARD

SRIRAMPURAM, MYSORE R/AT NO.1192, NEW KANTHRAJ URS ROAD T.K LAYOUT, MYSORE-570 026

18. SRI SANGANNA AMINAPPA HIPPARGI

S/O A.S.HIPPARGI, AGED ABOUT 51 YEARS WORKING AS SCIENTIST-D CSTRI, CENTRAL SILK BOARD

CSB COMPLEX, BTM LAYOUT BANGALORE. R/AT NO.H.NO.21

II CROSS, CSB STAFF QUARTERS MADIWALA, BANGALORE-560 068

40

19. SRI B.M.MAHADEVAIAH S/O.SRI MALEYAIAH


CSTRI, CENTRAL SILK BOARD CSB COMPLEX, BTM LAYOUT BANGALORE. R/AT NO.92

SRISHYLA, GD PARK EXTENSION VYALIKAVAL, BANGALORE-560 003

20. C.SIVA REDDY

S/O.LATE C. REDDEPPA REDDY

AGED ABOUT 57 YEARS WORKING AS SCIENTIST-D, NSSO

CENTRAL SILK BOARD, CSB COMPLEX 4TH FLOOR, BTM LAYOUT BANGALORE. R/AT NO.76, 4TH CROSS

CSB LAYOUT, KASAVANAHALLI OFF SARJAPUR ROAD

BANGALORE-560 035 ... PETITIONERS

(BY SRI V SRINIVAS, ADVOCATE) AND:

1. UNION OF INDIA

THROUGH MINISTRY OF TEXTILES UDYOG BHAWAN, NEW DELHI REPRESENTED BY SECRETARY

HAVING ITS OFFICE AT UDYOG BHAWAN

NEW DELHI 2. CENTRAL SILK BOARD UNDER

THE MINISTRY OF TEXTILES GOVT. OF INDIA, HAVING ITS

OFFICE AT BTM LAYOUT MADIVALA, BANGALORE-560 068 REPRESENTED BY ITS

CHIEF EXECUTIVE OFFICER

3. DEPARTMENT OF SCIENCE AND TECHNOLOGY

GOVERNMENT OF INDIA

41

TECHNOLOGY BHAVAN NEW MEHRAULI ROAD

NEW DELHI-110 016 REPRESENTED BY ITS SECRETARY

4. DEPARTMENT OF PERSONNEL AND TRAINING MINISTRY OF PERSONNEL

PUBLIC GRIEVANCES AND PENSIONS GOVERNEMNT OF INDIA NEW DELHI 110 001

REPRESENTED BY ITS SECRETARY ...RESPONDENTS

(BY MRS. BIRDY AIYAPPA, ASG FOR R1, 3 & 4; SRI N S PRASAD, ADVOCATE FOR R2)

WP Nos.31794-31808/2014 & 31810-31814/2014 FILED

UNDER ARTICLES 226 & 227 OF THE CONSTITUTION ON INDIA, CALL FOR RECORDS IN O.A.NO.921 TO 956/2013 ON THE FILE

OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL AT BANGALORE AND TO QUASH THE ORDER DT.23.4.2014 PASSED BY HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL AT

BANGALORE IN O.A.NO.921 TO 956/2013 i.e., ANNEX-J AND CONSEQUENTLY ALLOW THE O.A.NO.921 TO 956/2013 FILED BY

THESE PETITIONERS IN SO FAR PETITIONERS CONCERNED AND GRANT THE RELIEF AS PRAYED FOR IN THE O.A.

W.P.Nos.31815-31822/2014:

BETWEEN:

1. K. RAGHU, S/O N KANNIAPPAN AGED ABOUT 49 YEARS

WORKING AS SCIENTIST C SCTH, CSTRI

CENTRAL SILK BOARD OKALIPURAM, BANGALORE R/AT 830/14, 17TH "F" MAIN

5TH BLOCK, RAJAJINAGAR BANGALORE-560 010

2. ANURADHA H JINGADE

W/O J N HEMANTH KUMAR

AGED ABOUT 51 YEARS

42

WORKING AS SCIENTIST-C CSGRC, CENTRAL SILK BOARD

P.O.BOX-44, THALLY ROAD HOSUR-635109

R/AT NO. 107, 11TH CROSS 17 B MAIN, SECTOR-4 HSR LAYOUT, BANGALORE-560 102

3. V K RAMESH BABU

S/O V KRISHIVAN AGED ABOUT 45 YEARS WORKING AS SCIENTIST C

COCOON TESTING CENTRE, CSTRI CENTRAL SILK BOARD

BALASUNDARAM ROAD COIMBATORE-641 018

4. SREENIVASA, S/O THIRUMALAPPA AGED ABOUT 48 YEARS

WORKING AS SCIENTIST C CSTRI, CENTRAL SILK BOARD

BTM LAYOUT, MADIWALA BANGALORE-560 068 R/AT # 777, 9TH "B" MAIN

RPC LAYOUT, VIJAYA NAGAR BANGALORE-560 040

5. DR S R RAMESH, S/O RAMOO

AGED ABOUT 59 YEARS

WORKING AS SCIENTIST D CSGRC, CENTRAL SILK BOARD

THALLY ROAD, HOSUR-635109 R/AT NO.33B, 3RD CROSS A-SECTOR, AMRUTHNAGAR

SAHAKARA NAGAR POST OFFICE BANGALORE-560092

6. P SARASWATHI

W/O N SRINIVASMURTHY

AGED ABOUT 52 YEARS WORKING AS SCIENTIST D

CSGRC, CENTRAL SILK BOARD THALLY ROAD, HOSUR-635109

43

R/AT NO.155, HEROHALLI VISHWANEEDAM (POST)

MAGADI MAIN ROAD BANGALORE-560 091

7. DR A MANJULA

D/O A MALLESHAPPA

AGED ABOUT 62 YEARS EX-DIRECTOR, CSGRC, CENTRAL SILK BOARD

THALLY ROAD, HOSUR-635109 8. S L CHILAKWAD, S/O LINGA REDDY

AGED ABOUT 49 YEARS WORKING AS SCIENTIST C

SCTH, CSTRI, CENTRAL SILK BOARD, OKALIPURAM BANGALORE-560 021

R/AT NO.639/1, 3RD CROSS B-BLOCK, 2ND STAGE

RAJAJINAGAR, BANGALORE ...PETITIONERS

(BY SRI SRINIVAS V, ADVOCATE)

AND:

1. UNION OF INDIA THROUGH MINISTRY OF TEXTILES

UDYOG BHAWAN, NEW DELHI REPRESENTED BY SECRETARY

HAVING HIS OFFICE AT UDYOG BHAWAN, NEW DELHI-110 016

2. CENTRAL SILK BOARD UNDER THE MINISTRY OF TEXTILES

GOVERNMENT OF INDIA HAVING ITS OFFICE AT BTM LAYOUT MADIVALA, BANGALORE-560068

REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

3. DEPARTMENT OF SCIENCE & TECHNOLOGY

GOVERNMENT OF INDIA

TECHNOLOGY BHAVAN, NEW MEHRAULI ROAD

44

NEW DELHI-110016, REP.BY ITS SECRETARY

4. DEPARTMET OF PERSONNEL & TRAINING MINISTRY OF PERSONNEL, PUBLIC

GRIEVANCES & PENSIONS GOVERNMENT OF INDIA NEW DELHI-110 016

REPRESENTED BY ITS SECRETARY ... RESPONDENTS

(BY MRS. BIRDY AIYAPPA, ASG FOR R 1,3 & 4; SRI N S PRASAD, ADVOCATE FOR R2)

WP Nos.31815-31822/2014 FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR

RECORDS IN O.A.NO.549 TO 581/2014 ON THE FILE OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL AT BANGALORE AND TO QUASH THE ORDER DT.25.4.2014 PASSED BY HON'BLE

CENTRAL ADMINISTRATIVE TRIBUNAL AT BANGALORE IN O.A.NO.549 TO 581/2014 AND CONSEQUENTLY ALLOW THE O.A.

NO.549 TO 581/2014 FILED BY THESE PETITIONERS & GRANT THE RELIEF AS PRAYED FOR IN THE O.A.

WP Nos.6938-6939/2015:

BETWEEN:

1. R K SUBRAMANIAM, S/O V RAMASWAMY AGED ABOUT 61 YEARS SCIENTIST D, RETIRED

CSRTI, MYSORE-570001

2. DR VINOD B MATHUR S/O LATE SRI H.P MATHUR AGED ABOUT 60 YEARS

SCIENTIST C, RESEARCH EXTENSION CENTRE, SUB UNIT, T B CIRCLE

MADDUR, MANDYA DISTRICT ... PETITIONERS (BY SRI RANGANATHA S JOIS, ADVOCATE)

45

AND:

1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY

MINISTRY OF TEXTILES GOVERNMENT OF INDIA NEW DELHI-110001

2. THE CENTRAL SILK BOARD REPRESENTED BY ITS MEMBER SECRETARY

CSB COMPLEX, BTM LAYOUT MADIWALA, BANGALORE-560068 …RESPONDENTS

(BY SRI M.VASUDEVA RAO, CGSC FOR R1, 3 & 4; SRI N.S.PRASAD, ADVOCATE FOR R2)


THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE

RECORDS RELATING TO THE IMPUGNED ORDER DTD.23.4.2014 IN O.A.NOS.1414 TO 1451/2013 VIDE ANNEX-A PASSED BY CAT

BANGALORE BENCH AND SET ASIDE THE SAID ORDER AS ERRONEOUS AND UNSUSTAINABLE IN LAW IN SO FAR AS PETITIONERS ARE CONCERNED AND ETC.

WP Nos.47944-47960/2014:

BETWEEN:

1. MOHAN B S/O V.BALASUBRAMANIYAM

AGED ABOUT 48 YEARS WORKING AS SCIENTIST-C REF, CENTRAL SILK BOARD

SRIVILLIPUTHOOR VIRUDHUNAGAR DISTRICT

R/AT NO.B-48, 2ND MAIN ROAD RAMALINGA NAGAR, TRICHY-03.

2. DR.J.RAVIKUMAR S/O R.JAYACHANDRAN


RSRS, CENTRAL SILK BOARD

46

VAIKALPATTARAI, SALE-636003 R/AT, NO.46, KOTTAITHALAIVASAL STREET

SHIVVILLIPUTTUR-626125

3. R.RADHAKRISHNAN S/O S.RAMACHANDRAN AGED ABOUT 58 YEARS


PO BOX NO.44, THALLY ROAD HOSUR-635109 R/AT NO.14, FLAT NO.B

1ST MAIN ROAD, THALLAI GANGA NAGAR CHENNAI-600061

4. N BALACHANDRAN

S/O K.NATARAJAN


PO BOX NO.44, THALLY ROAD HOSUR-635109

R/AT NO.9, JAWAHAR NAGAR 1ST CROSS, THALLY ROAD HOSUR-635109.

5. M.MUTHULAKSHMI

D/O N.MURUGIAH AGED ABOUT 47 YEARS WORKING AS SCIENTIST-C


R/AT, NO.9, JAWAHAR NAGAR 1ST CROSS, THALLY ROAD HOSUR-635109

6. DR.D.MOHAN RAMA RAO

S/O.S.D.DEVAPERUMAL AGED ABOUT 55 YEARS WORKING AS SCIENTIST-C


R/AT D-2, CSGRC QUARTERS THALLY ROAD, HOSUR-635109

47

7. DR K ASHOK KUMAR

S/O K.JACOB AGED ABOUT 48 YEARS

WORKING AS SCIENTIST-C PO BOX NO.44, THALLY ROAD HOSUR-635109

R/AT HIG-140, BARAT NAGAR COLONY SANANT NAGAR POST

HYDERABAD-18 8. DR VEERANNA GOWDA

S/O SHAMANNA AGED ABOUT 51 YEARS

WORKING AS SCIENTIST-C PO BOX NO.44, THALLY ROAD HOSUR-635109

R/AT NO.12, 1ST CROSS 3RD MAIN, SOMESHWAR NAGAR

YELAHANKA NEW TOWN BANGALORE-560065

9. Y HUMAYUN SHARIF

S/O YAKAB SHARIF


RESEARCH EXTENSION CENTRE CENTRAL SILK BOARD, BAGALUR MAIN ROAD BERIGAI-635105, R/AT NO.132/1

TITAN TOWN SHIP ROAD MATHIGIR, HOUSR-635110.

10. R ANBAZHAGAN

S/O M RAJAMANICKAM


REC, CENTRAL SILK BOARD ANSARI STREET, UDUMALPET-642126 TIRUPPUR DISTRICT

11. DR.P.SAMUTHIRAVELU

S/O S.PANNUCHAMY AGED ABOUT 50 YEARS

48

WORKING AS SCIENTIST-C REC, CENTRAL SILK BOARD

ANSARI STREET, UDUMALPET-642126 R/AT NO.16/611, LAKSHMI ILLAM

SRI ANDAL SRINIVASA LAYOUT UDUMALPET.

12. A GANANA KUMAR DANIEL S/O N.ANBU DHAS

AGED ABOUT 48 YEARS WORKING AS SCIENTIST-C REC, CENTRAL SILK BOARD

KATTAPULLI NAGAR SAMAYANALLUR-625402

MADURAI TAMIL NADU R/A NO.139, THYAGARAJA COLONY PASUMALI, MADURAI-625004

13. T SIVASUBRAMANIAN

S/O THANUMALAIYAN AGED ABOUT 50 YEARS

WORKING AS SCIENTIST-C REC, CENTRAL SILK BOARD KATTAPULLI NAGAR

SAMAYANALLUR-625402 MADURAI TAMIL NADU

R/AT, VARAVILAI VEEDU POOLANCODE, PEYANKULI POST-629809 KANYAKUMARI DISTRICT

14. DR.S. MASILAMANI

S/O R.SUBRAMANIAM AGED ABOUT 55 YEARS WORKING AS SCIENTIST-C

REC CENTRA SILK BOARD POLLUPALLI VILLAGE

BAILLANAKUPPAM POST KRISHNAGIRI DISTRICT R/AT MIG 128A, AVALPALLI HUDCO

BAGALUR ROAD, HOSUR-635109

15. M M BORPUZARI AGED ABOUT 57 YEARS

49


THALLY ROAD, HOSUR-635109

16. DR.A. ANAND RAO AGED ABOUT 58 YEARS WORKING AS SCIENTIST-D

C-9, CSGRC, CENTRAL SILK BOARD THALLY ROAD, HOSUR-635109

R/AT CENTRAL SILK BOARD QUARTERS, HOSUR

17. DR P SOMASUNDARAM AGED ABOUT 58 YEARS

WORKING AS SCIENTIST-D CSGRC, CENTRAL SILK BOARD THALLY ROAD, HOSUR-635109

R/AT NAGAMMAL BHAVAN KURATHIYARAI

AZHAGIAPANDIAPURAM PO K K DISTRICT-629851 ... PETITIONERS


AND:

1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF TEXTILES

GOVERNMENT OF INDIA NEW DELHI-110001


UNDER THE MINISTRY OF TEXTILES

GOVERNMENT OF INDIA REPRESENTED BY ITS

CHIEF EXECUTIVE OFFICER CSB COMPLEX, BTM LAYOUT MADIWALA, BANGALORE-560068

3. DEPARTMENT OF SCIENCE AND TECHNOLOGY

GOVERNMENT OF INDIA TECHNOLOGY BHAVAN

50

NEW MEHRAULI ROAD NEW DELHI-560068

REP. BY ITS SECRETARY

4. DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL PUBLIC GRIEVANCES

AND PENSIONS, GOVT. OF INDIA NEW DELHI-110011

REP. BY ITS SECRETARY ... RESPONDENTS (BY SRI M.VASUDEVA RAO, CGSC FOR R1, 3 & 4; SRI N.S.PRASAD, ADVOCATE FOR R2)


THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO THE IMPUGNED ORDER DTD.25.4.2014 IN O.A.NOS.549 TO 581/2014 VIDE ANNEX-A PASSED BY THE

HON'BLE CAT AND SET ASIDE THE SAID ORDER AS ERRONEOUS AND UNSUSTAINABLE IN LAW IN SO FAR AS PETITIONER ARE

CONCERNED AND ETC

WP Nos.2204-2230/2015:

BETWEEN:

1. SH S.N.MISHRA

AGED ABOUT 51 YEARS S/O BINDESHWAR MISHRA SCIENTIST-C, CSTRI

CENTRAL SILK BOARD CSB COMPLEX, BTM LAYOUT

BANGALORE, R/O. NO.D-21 CSB STAFF QUARTERS BTM LAYOUT, BANGALORE- 560 068

2. DR K SATHYANARAYANA

AGED ABOUT 50 YEARS S/O LATE K RAMAPPA SCIENTIST-D, CENTRAL SILK BOARD

CSB COMPLEX, 6TH FLOOR, BTM LAYOUT BANGALORE, R/O NO.E-4, TYPE-V

BLOCK-1, CSB STAFF QUARTERS

51

BTM LAYOUT , MADIWALA BANGALORE 560 068

3. DR K MOHAN RAO

AGED ABOUT 58 YEARS S/O LATE K SREENIVASA RAO SCIENTIST-C, CENTRAL SILK BOARD

CSB COMPLEX, 6TH FLOOR, BTM LAYOUT BANGALORE, R/O NO.E-2, TYPE-V

BLOCK-1, CSB STAFF QUARTERS BTM LAYOUT, MADIWALA BANGALORE 560 068

4. DR RAVINDRA SINGH TEOTIA

AGED ABOUT 53 YEARS S/O RAJENDRA SINGH TEOTIA SCIENTIST – D, CENTRAL SILK BOARD

CSB COMPLEX, 6TH FLOOR, BTM LAYOUT BANGALORE, R/O NO.D-16

BLOCK-3, CSB STAFF QUARTERS BTM LAYOUT, MADIWALA

BANGALORE 560 068 5. DR AMALENDU TIKADER

AGED ABOUT 57 YEARS S/O ANANTA KUMAR TIKADER

SCIENTIST-D, CENTRAL SILK BOARD CSB COMPLEX, 6TH FLOOR, BTM LAYOUT BANGALORE, R/O POOJA VAISNAVI APARTMENT

#402, 11TH CROSS, HONGASANDRA BANGALORE 560035

6. DR C M BAJPEYI

AGED ABOUT 50 YEARS

S/O S N BAJPEYI SCIENTIST-D, CENTRAL SILK BOARD

CSB COMPLEX, 6TH FLOOR, BTM LAYOUT BANGALORE, R/O D-3, TYPE-IV BLOCK-2, CSB STAFF QUARTERS

BTM LAYOUT, MADIWALA BANGALORE 560068

52

7. DR P JAYARAMA RAJU AGED ABOUT 55 YEARS

S/O LATE P SATYANARAYANA RAJU SCIENTIST-D, CENTRAL SILK BOARD

CSB COMPLEX, 6TH FLOOR BTM LAYOUT, BANGALORE R/O NO.135, ADJACENT TO

UAS LAYOUT, BEHIND JAKKUR FLYING CLUB JAKKUR, BANGALORE 560064

8. SH. K S GOPAL

AGED ABOUT 49 YEARS

S/O SHRI NARSINGH PRASAD SCIENTIST-C, CENTRAL SILK BOARD

CSB COMPLEX, 1ST FLOOR, BTM LAYOUT BANGALORE, R/O AS-5/6 ITTINA SARVA APARTMENTS

HONGASANDRA, BEGUR ROAD BOMMANAHALLI, BANGALORE 560 0068

9. SH. VIJAY KUMAR KATHARI

SINCE DEAD BY LRS a) SHRIDEVI V.KATHARI

W/O. LATE VIJAY KUMAR KATHARI AGED ABOUT 40 YEARS

b) CHETANA KATHARI

D/O.LATE VIJAY KUMAR KATHARI

AGED ABOUT 19 YEARS

c) DEEPAK. V. KATHARI S/O. LATE VIJAY KUMAR KATHARI AGED ABOUT 10 YEARS

SINCE MINOR REPRESENTED BY HIS LEGAL GUARDIAN

SHRIDEVI V.KATHARI, MOTHER PETITIONER NOS.9(a) TO 9(c)

ARE R/AT C-81, BLOCK-7 CSB STAFF QUARTERS, BTM LAYOUT

HOSUR ROAD, BANGALORE 560 068

53

10. SH. MUDAKAPPAR ITAGI AGED ABOUT 48 YEARS

S/O RANGAPPA ITAGI SCIENTIST-C, CSTRI

CENTRAL SILK BOARD DCTSC RAYAPURA, DHARWAD R/O NO.51/A, KCC BANK LAYOUT

NAVNAGAR, HUBLI 580025

11. SH. MALLAPPA SHIROL AGED ABOUT 50 YEARS S/O LaTE MAHALINGAPPA SHIROL

SCIENTIST-C, CSTRI, CNETRAL SILK BOARD DCTSC, RAYAPURA, DHARWAD

R/O H NO.20, B BLOCK, KUSUGAL ROAD KASHWAPURAM, HUBLI 580023

12. SH. S M HUKKERI AGED ABOUT 48 YEARS

S/O M R HUKKERI SCIENTIST-C, CSTRI, CNETRAL SILK BOARD

DCTSC, RAYAPURA, DHARWAD R/O PRABHA PHARMA DHARMAGAD PET

ILAKAL, DIST, BAGALKOT 587 125

13. SH. H.H.SHAMBULINGAPPA AGED ABOUT 50 YEARS S/O HANUMANTHAPPA

SCIENTIST-D, CSTRI, CENTRAL SILK BOARD CSB COMPLEX, BTM LAYOUT

BANGALORE, R/O NO.13, EAST END D MAIN ROAD, EAST END, JAYANAGAR 9TH BLOCK, BANGALORE

14. DR. R.N.SINGH, AGED ABOUT 60 YEARS

S/O LATE S.N.SINGH RETIRED SCIENTIST-D AT CENTRAL SILK BOARD

(IN SERVICE AS PETITIONER IN CAT) R/O NO.74, CSB LAYOUT, 4TH CROSS

KASAVANA HALLI, SARJAPUR ROAD BANGALORE- 560 035

54

15. DR PRIYA RANJAN AGED ABOUT 56 YEARS

S/O DR SUDHIR KUMAR SHRIVASTAVA SCIENTIST-D, CENTRAL SILK BOARD

CSB COMPLEX, 1ST FLOOR, BTM LAYOUT CENTRAL SILK BOARD, CSB COMPLEX BTM LAYOUT, BANGALORE

R/O 432, PARAMOUNT SUMADHURA APARTMENT, MANIPAL COUNTY ROAD

SINGASANDRA, BANGALORE 560068 16. SH. H RUDRANNA GOWDA

AGED ABOUT 51 YEARS S/O LATE H MALLAPPA

SCIENTIST-D, CENTRAL SILK BOARD CSB COMPLEX, 1ST FLOOR, BTM LAYOUT BANGALORE, R/O #5301,

NANDI DEEPA APARTMENTS DODDA KAMMANHALLI MAIN ROAD

OFF BANNERGHATTA ROAD BANGALORE 560076

17. DR K CHANDRASEKARAN

AGED ABOUT 50 YEARS

S/O LATE E GOPAL KARUP SCIENTIST C, REC, CENTRAL SILK BOARD

ANSARI STREET, UDUMALPET 642 126 TIRUPPUR DISTRICT R/O AYANIPPA, KOZIKODE DISTRICT

KERALA

18. DR C M BABU AGED ABOUT 47 YEARS S/O C M BALAN

SCIENTIST C, REC, CENTRAL SILK BOARD ANSARI STREET, UDUMALPET 642 126

TIRUPPUR DISTRICT, R/O NO.5/435 SRIRAMNAGAR PART II SRI RAMASWAMY NAGAR

UDUMALPET 542 126

19. SH. P V SOUDAMINY AGED ABOUT 45 YEARS

55

D/O P V VELU SCIENTIEST C, REC SUB UNIT

CENTRAL SILK BOARD KALPETTA, WAYNAD DISTRICT 673 121

KERALA, R/O PULLIKKAL HOUSE NADAVAVAMBA P O TRICHUR DISTRICT 680 661

20. DR V K RAHAMATHULLA

AGED ABOUT 51 YEARS S/O V KUNHAMED SCIENTIST C, PFAE SECTION

CENTRAL SILK BOARD BTM LAYOUT, MADIWALA

BANGALORE 560068 R/O NO.H 18, 3RD BLOCK BEML LAYOUT, SREERAMPURA

MYSORE 570023

21. SH. JOY NALIATH JOHN AGED ABOUT 48 YEARS

S/O E P YOHANNAN SCIENTIST C, CLUSTER DEVELOPMENT CENTRE CENTRAL SILK BOARD, AGALI

PALAKKAD, KERALA R/O NALIATH, THAMARASSERY

KOZIKODE, KERALA 673 573 22. SH. PRAKSH N BHAT

AGED ABOUT 48 YEARS S/O SH. NEELKANTH BHATT

SCIENTIST C, CSTRI, CENTRAL SILK BOARD CSB COMPLEX, 2ND FLOOR, BTM LAYOUT BANGALORE, R/O NO.93, BALAJI LAYOUT

VAJRANAHALLI, THALAGATTAPURA BANGALORE- 560062

23. SH. THIMMAREDDY G

AGED ABOUT 49 YEARS

S/O SH. G GOVINDAREDDY SCIENTIST - C, CSTRI

CENTRAL SILK BOARD

56

CSB COMPLEX, BTM LAYOUT BANGALORE, R/O NO.13

4TH CROSS, SUPRAJA NAGAR, KONANNAKUNTE BANGALORE 560062

24. SH. M G MAHESH

AGED ABOUT 50 YEARS

S/O SH. M S GURULINGAPPA SCIENTIST C , CSTRI

CENTRAL SILK BOARD CSB COMPLEX, BTM LAYOUT BANGALORE- 560 068

R/O NO.41, I FLOOR 5TH CROSS, 33RD MAIN

DOLLARS SCHEME COLONY BTM LAYOUT, MADIWALA- 560068

25. SH. SHARANAYYAAJJAIYA HIREMATH AGED ABOUT 49 YEARS

S/O SH AJJAIYYA HIREMATH SCIENTIST C , CSTRI, CENTRAL SILK BOARD

CSB COMPLEX, BTM LAYOUT BANGALORE- 560 068 R/O H NO.30, KADIRENAHALLI

BANASHANKARI 2ND STAGE BANGALORE- 560070

26. SH. K VELAYUDHAN

AGED ABOUT 54 YEARS

S/O KUNHIKANNAN SCIENTIST-D, ESSPC, CSGRC

CAMPUS, HOSUR 635109 R/O 144/21, ANTHIVADI THALLY ROAD, HOSUR 635 110

27. SH. A MOHAMED BABU, AGED ABOUT 56 YEARS

S/O. M AHAMAED, SCIENTIST D REC SUB UNIT, CENTRAL SILK BOARD AVINASHI, TAMILNADU, R/O NO.5, BLOCK – 1

BEML LAYOUT, SRIRAMPURA 2ND STAGE MYSORE 570 023 ... PETITIONERS

(BY S.K.PAL WITH RAGHAVENDRA S., ADVOCATE)

57

AND:

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT

MINISTRY OF TEXTILE UDYOG BHAWAN, NEW DELHI 110 001

2. CENTRAL SILK BOARD (ESTABLISHED BY MINISTRY OF TEXTILE)

GOVERNMENT OF INDIA CSB COMPLEX, BTM LAYOUT MADIWALA, BANGALORE 560 068

REPRESENTED BY ITS MEMBER SECRETARY AND THE CHIEF EXECUTIVE OFFICER

3. THE DEPARTMENT OF SCIENCE

AND TECHNOLOGY, GOVERNMENT OF INDIA

TECHNOLOGY BHAWAN, NEW MEHRAULI ROAD NEW DELHI 110016, REPRESENTED BY ITS SECRETARY

4. THE DEPARTMENT OF PERSONNEL

AND TRAINING, MINISTRY OF PERSONNEL PUBLIC GRIEVANCE AND PENSIONS GOVERNMENT OF INDIA

NEW DLEHI-110 001 REPRESENTED BY ITS SECRETARY ... RESPONDENTS

(BY SRI M.VASUDEVA RAO, CGSC FOR R1, R3 & R4; SRI N.S.PRASAD, ADVOCATE FOR R2)

WP Nos.2204-2230/2015 FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS FROM THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF O.A. NO. 921 TO

956/2013, O.A.NO. 549 TO 581/2014, O.A.NO. 460 TO 463/2014 AND O.A. NO. 1414 TO 1451/2013 AND TO QUASH THE ORDER

DATED 23RD APRIL, 2014 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH IN O.A. NO. 921/2013 TO 956/2013 VIDE ANN-A AND ETC.

THESE PETITIONS COMING ON FOR ORDERS THIS DAY,

JAYANT PATEL J, MADE THE FOLLOWING:

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O R D E R

1. In all these petitions as common questions arise for

consideration they are being considered simultaneously. All

petitions are directed against the common order passed by

the Central Administrative Tribunal (‘Tribunal’ for short)

dated 23.04.2014. The Tribunal for the reasons recorded in

the order has dismissed all the applications on the ground of

delay in preferring the applications by the respective

applicants.

2. The brief facts of the case are that on 09.11.1998,

Government of India had implemented 5th Central Pay

Commission regarding introduction of Flexile Complimenting

Scheme (‘FCS’ for short) applicable to the scientific staff

working in S & T Organization and research institutes whose

work is scientific in nature. But, the benefits were extended

to the applicants before the Tribunal only with effect from

30.08.2006. However, some of the staff represented to the

Government and to the Board to extend the benefit with

effect from the year 2001. According to the original

59

applicants, certain other employees who were similarly

situated namely one Mr.ZMS Khan and others for getting

the benefit with effect from the year 2001 onwards

approached the Tribunal at Patna, by preferring

OA No.75/2008. In the said OA, the Tribunal found that the

applicants therein were entitled to the benefit with effect

from the year 2001 and therefore passed an order on

13.01.2009. The aforesaid order of the Tribunal at Patna

Bench was carried by the respondents therein before the

High Court of Jharkand in W.P.(S).No.2503/2009 but the

said High Court did not interfere with the order passed by

the Tribunal and dismissed the petition vide order dated

27.03.2012. The matter was further carried to the Apex

Court by preferring SLP (Civil) No.11219/2012, but the

Apex Court did not also interfere with the order passed by

the Tribunal or by the High Court and vide order dated

10.04.2013, SLP (Civil) No.11219/2012 was dismissed.

3. On 12.06.2013, the applicants herein submitted

representations individually to the concerned Authority

60

contending that the benefit as conferred by the Patna Bench

may also be extended to them. On 27.09.2013, respondent

No.2 issued circular stating that all pending representations

of the employees of the Board in respect of the claim of FCS

benefits on the basis of the judgment of Tribunal at Patna

Bench shall be made available to those applicants who were

before the Tribunal at Patna Bench only. The petitioners

under these circumstances approached the Tribunal by

preferring OA Nos.1109-1173/2013 and the Tribunal passed

the impugned order dated 23.04.2014. Under these

circumstances, the present petitions before this Court. It

may also be recorded that some other similarly situated

petitioners had also preferred respective OAs before the

Tribunal for grant of similar benefits. The Tribunal followed

its earlier order passed in OA Nos.1109-1173/2013 dated

23.04.2014 and dismissed those applications also. Against

which, separate petitions are preferred by those applicants-

petitioners which are also simultaneously considered by this

Court in this common order.

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4. We have heard Sri Ranganatha S Jois, learned Senior

Counsel, Sri Shantakumar K.C., Sri V.Srinivas and Sri Kiran

Kumar, learned Counsel for the petitioners respectively and

Sri M.Vasudeva Rao, learned Standing Central Government

Counsel for Union of India, Mrs.Birdy Aiyappa, ASG for

Union of India and Sri N.S.Prasad, learned Counsel for

Central Silk Board.

5. The undisputed position is that, the Tribunal upto

paragraph Nos.21 in the impugned order dated 23.04.2014

has considered the submissions made by both sides.

However, in paragraph Nos.22 and 23, the reasons are

recorded which read as under:-

“22. After careful consideration of the above

mentioned Supreme Court judgments relied upon by the

learned Counsel for either side, we are of the view that

the applicants admittedly have not filed M.A. for

condonation of delay. The demand of the applicants is

made only on 7.6.2013, the cause of action arose for

them as per their relief on 30.07.2001. Applicants failed

to establish that there is no delay in filing the OAs. We

are of the view, the applicants in present O.As are

eligible for the benefit of FCS from the date of their

respective demand but not from 30.07.2001.

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23. For the forgoing reasons in the facts and

circumstances of this case, we are of the considered

view the applicants failed to establish for grant of reliefs

and the judgment of the CAT, Patna Bench in OA

75/2008 is applicable to their case. Respondents have

justified that the OA is barred by limitation and the

applicants have not explained the delay in demanding

the relief for applicability of FCS and the judgment of the

CAT, Patna Bench in OA 75/2008. Accordingly, OAs are

liable to be dismissed.“

6. The aforesaid reasoning shows that the Tribunal has

not in detail examined the aspect of delay in preferring the

applications before the Tribunal. Only aspect which has

weighed with the Tribunal is that an application for

condonation of delay was not filed. Further, the Tribunal

was guided by the fact that cause of action for the relief had

accrued on 30.07.2001 but the demand was made only on

07.06.2013 and therefore there is delay in filing OAs and

hence, the OAs were dismissed. Therefore, if the reasons

are considered, more particularly, as recorded at paragraph

No.22 referred to herein above, the Tribunal found that

there is delay in preferring the applications and therefore

applicants have failed to establish the case. Further, in the

63

reasons recorded at paragraph No.23 referred to herein

above, the Tribunal concluded that the respondents were

justified in contending that OA was barred by limitation and

the applicants had not explained the delay in demanding the

relief for applicability of FCS and the judgment of the CAT,

Patna Bench in OA No.75/2008.

7. As per the provision of Section 21 of the

Administrative Tribunals Act, 1985 (herein after referred to

as ‘the Act’), it is true that the period of limitation has been

provided as that of one year or further six months as the

case may be, but sub-Section 3 of Section 21 of the Act

provides that, notwithstanding anything contained in sub-

Section (1) or sub-Section (2), an application may be

admitted after the period of one year specified in clause (a)

or clause(b) of sub-section (1), or as the case may be, the

period of six months specified in sub-section (2), if the

applicant satisfies the Tribunal that there was sufficient

cause for not making an application within such period.

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Section 21(3) of the Act for ready reference can be

reproduced as under:

“21. Limitation.—(1) A Tribunal shall not admit

an application,—

……………………………………………………………………………………………

……………………………………………………………………………………………

(3) Notwithstanding anything contained in sub-section

(1) or sub-section (2), an application may be admitted

after the period of one year specified in clause (a) or

clause (b) of sub-section (1) or, as the case may be, the

period of six months specified in sub-section (2), if the

applicant satisfies the Tribunal that he had sufficient

cause for not making the application within such period.”

8. Under this circumstance, one can say that there is no

outer limit or period of time provided for condonation of

delay as a control on the powers of the Tribunal by

statutory provisions of the Act, except that one has to

satisfy the Tribunal explaining sufficient cause for not

making any application within the prescribed period.

9. Once the power to condone the delay is not controlled

by any statutory provision, such power has to be exercised

judicially. But judicial discretion is to be exercised by

examining the aspect as to whether there was sufficient

65

cause for condonation of delay or not. Hence, the Tribunal is

vested with power for exercise of judicial discretion may be

or as are available to the Courts or any statutory forum to

deal with delay, for the purpose of condonation of delay or

otherwise.

10. Examination of the facts of the present case further

shows that the litigation was preferred by or initiated by

certain co-employees before the Tribunal at Patna Bench in

OA No.75/2008. In the year 2009, thereafter, further

consideration was by the High Court of Jharkand in

W.P.(S).No.2503/2009 and thereafter in the proceedings in

SLP (Civil) No.11219/2012. Accordingly the aforesaid period

was from 2008 till 10.04.2013 and only on 10.04.2013 the

final confirmation of the order was made by the Apex Court.

It is true that as per the decision of the High Court in

W.P.(S).No.2503/2009, the decision to confer the benefits

was to apply to all employees whereas, the Apex Court

restricted to the applicants before the Tribunal in

OA No.75/2008, but at the same time, the Tribunal ought to

66

have considered the aspect of delay with further scrutiny by

examining the present case as stated by us hereinafter.

11. Whenever any party is confronted with delay, more

particularly, when the right of the parties in similar situation

is crystallized until the highest Court, the Court or the

Tribunal would undertake a wider approach and further

examine the delay, objectively keeping in view two aspects:

one, is that real cause for the litigation should not be

frustrated, but at the same time, one who has slept over

the right should not be allowed to earn any undue benefit

for the period during which delay has been caused. There

are various ways of examining delay keeping in view

equitable considerations. Second is that, if the Tribunal is

satisfied that there is entitlement as concluded by the

highest Court, the Tribunal may further examine as to

whether grant of benefit can be considered by excluding the

period during which delay has occurred on account of no

appropriate action taken by the applicants before the

Tribunal. Further, the Tribunal may also consider the aspect

67

as to whether delay should result into throwing away the

real cause or not. The Tribunal while balancing both

aspects, may exercise judicial discretion by moulding the

relief and if required may also award appropriate cost for

the respondents by way of compensation for the delay. It is

true that by operation of the law of limitation, the right is

not taken away, but limitation only bars the remedy. But at

the same time, the real cause which otherwise is entitled for

relief, should not be allowed to be frustrated and the relief

has to be granted, by appropriate moulding of the relief by

taking care of interest of both sides.

12. In a given case, the Tribunal may find that the right of

the parties are substantially altered or that the period of

delay has resulted in an reversible situation and it may not

be possible for the Tribunal to grant relief, then the Tribunal

may decline the application for condonation of delay.

13. In our view the aforesaid are some of the facets for

dealing with delay, when the Tribunal has to consider the

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matter of the genuine cause for entitlement which is upheld

until the highest Court. We leave it at that.

14. If the facts of the present case are further examined

in the light of the above, it appears that the Tribunal had

just touched upon and considered the ground of delay, since

as per the Tribunal there were no application for

condonation of delay. But the Tribunal did not undertake a

further scrutiny on the aspect of delay, as to whether

circumstances which transpired from record were sufficient

cause in not preferring the applications before the Tribunal,

or not. Further, the Tribunal has not touched upon the real

cause as to whether the applicants would be entitled to the

same benefit, excluding the aspect of delay or not. Under

these circumstances, we find it would be appropriate to

remit the matter to the Tribunal for reconsideration in light

of the observations made by this Court.

15. It has been stated on behalf of some of the petitioners

that some of the original applicants had filed application for

condonation of delay. The applicants-petitioners herein, if

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desirous may file an appropriate formal applications for

condonation of the delay, by showing sufficient cause, if it is

not filed before the Tribunal. The Tribunal needs to examine

the same, where applications for condonation of the delay

were already or as may be filed.

16. We have neither expressed any final opinion on

condonation of the delay or otherwise nor our order be

interpreted to mean that any observations made by this

Court regarding confirmation of the benefit to the

employees-applicants. Suffice it to say that it will be for the

Tribunal to examine various facets and then to exercise

discretion for condonation of delay and to pass appropriate

orders in accordance with law, after giving an opportunity of

hearing to both the parties.

17. In view of the aforesaid observations and discussions,

the common impugned order dated 23.04.2014 passed by

the Tribunal is set aside with a further direction that the

respective OAs shall stand restored on the file of the

Tribunal. The Tribunal shall examine the matter in light of

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the observation made in the present order and in

accordance with law, after giving an opportunity of hearing

to both the sides and shall make an attempt to decide the

aforesaid applications as early as possible preferably within

a period of six months from the date of receipt of a certified

copy of this order.

18. All the petitions are allowed to the aforesaid extent.

Considering the facts and circumstances, there is no order

as to costs.

Sd/-

JUDGE

Sd/-

JUDGE

KSR

dated this the 7 day of april 2016 present the hon’ble...

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