ANUPAMA CHHETRI vs M/o AGRICULTURE
- Court
- Central Administrative Tribunal
1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
[Reserved]
Original Application Nos. 40/106/2025
& 40/119/2025
Reserved on: 23.09.2026
Pronounced on: 14.10.2026
Coram:-
HON’BLE MR. RAJINDER SINGH DOGRA, JUDICAL MEMBER
HON’BLE MS. MALLIKA ARYA, ADMINISTRATIVE MEMBER
O.A. No. 106/2025
Between
Shri Sushanta Parida,
S/o Shri B. Parida,
Presently working as Regular (MTS),
In the O/o College of Agriculture,
Engineering & Post Harvest Technology,
Ranipool, Sikkim, Pin – 737135,
Residential Address – Lower Pani House,
Ganktok, Sikkim, Pin – 737102.
…Applicant
[By Advocate: Mr. M. Chanda, Ms. U. Dutta]
-AND-
1. Deleted vide Order dated 25.06.2025.
2. The Central Agricultural University,
Imphal, Manipur,
Represented by and through the Vice Chancellor,
Imphal, Manipur – 795004.
3. The Registrar,
Central Agricultural University,
Imphal, Manipur – 795004.
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
2
4. The Dean,
College of Agricultural Engineering &
Post Harvest Technology, Ranipool,
Gangtok, Sikkim – 737135.
…Respondents
[By Advocate: Ms. P.D. Bujarbaruah]
O.A. No. 119/2025
Smti. Anupama Chhetri,
W/o- Shri Susanta Parida, (MTS),
College of Agricultulal Engineering
And Post Harvest Technology at Ranipool,
Gangtok, Sikkim – 737135,
Residential Address - Lower Pani House,
Ganktok, Sikkim, Pin - 737102.
......Applicant
[By Advocate: Mr. M. Chanda, Ms. U. Dutta]
-AND-
1. The Union of India,
Represented by the Commissioner &
Secretary, Govt. of India,
Ministry of Agriculture,
New Delhi - 110001.
2. The Central Agricultural University,
Imphal, Manipur, Represented by and
through the Vice-Chancellor,
Imphal, Manipur- 795004.
3. The Registrar,
Central Agricultural University,
Imphal, Manipur-795004.
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
3
4. The Dean,
College of Agricultural Engineering
& Post Harvest Technology
Ranipool, Gangtok,
Sikkim-737135.
.....Respondents
[By Advocate: Ms. P.D. Bujarbaruah]
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
4
ORDER
PER R.S. DOGRA, MEMBER (J):
The instant OA has been filed by the applicants praying
for the following relief(s):-
O.A. No. 40/106/2025
“8.1 That the Hon’ble Tribunal be pleased to direct the
respondents to grant the benefit of regular appointment to the
present applicant to the post of MTS, at least from the date of
joining of the applicant to the post of MTS with effect from
17.10.2013, after being duly selected by a duly constituted
committee pursuant to advertisement dated 15.06.2012 issued by
the Central Agricultural University, Imphal, Manipur with all
consequential benefit including seniority and pay protection in
modification of the impugned order dated 28.09.2024.
8.2 That the Hon'ble Tribunal be pleased to declare that the
present applicant is entitled to benefit of regularization to the post
of MTS at least from the date of joining of the present applicant as
MTS on 17.10.2013 at per with similarly situated employee Sri
Sonam Bhutia MTS with all consequential benefit including
seniority and pay protection in modification of the impugned order
dated 28.09.2024 (ΑΝΝEXURE-A1).
8.3 That the Hon'ble Tribunal be pleased to declare that the
present applicant is legally entitled to benefit of basic pay of Rs.
24,900/- which applicant is presently drawing due to earning of
regular increments, since 2013 onwards as MTS in the event of
implementation of the impugned appointment order dated
28.09.2024 (ANNEXURE-A1).
8.4 Costs of the application.
8.5 Any other relief(s) to which the applicant is entitled to as the
Hon’ble Tribunal may deem fit and proper.”
O.A. No. 119/2025
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
5
8.1 That the Hon'ble Tribunal be pleased to direct the
respondents to grant the benefit of regular
appointment/Regularization to the present applicant to the post of
MTS, at least from the date of joining of the applicant to the post
of MTS with effect from 08.10.2013, after being duly selected by a
duly constituted committee pursuant to an advertisement dated
15.06.2012 issued by the Central Agricultural University, Imphal,
Manipur with all consequential benefit including seniority and pay
protection in modification of the impugned order dated 28.09.2024
(ANNEXURE-A/l).
8.2 That the Hon'ble Tribunal be pleased to declare that the
present applicant is entitled to benefit of regularization to the post
of MTS at least from the date of joining of the present applicant as
MTS on 08.10.2013 at per with similarly situated employee Sri
Sonam Bhutia, MTS with all consequential benefit including
seniority and pay protection in modification of the impugned order
dated 28.09.2024 (ANNEXURE – A/1).
8.3 That the Hon'ble Tribunal be pleased to declare that the
present applicant is legally entitled to benefit of basic pay of
Rs.24,900/- which applicant is presently drawing due to earning
of regular increments, since 2013 onwards as MTS Belder in the
event of implementation of the impugned appointment order dated
28.09.2024 (ANNEXURE-A 1 ).
8.4 Costs of the application.
8.5 Any other relief(s) to which the applicant is entitled to as the
Hon'ble Tribunal may deem fit and proper.
2. Since both the OAs involve identical facts and common
questions of law, they were heard on the same day and are now
being disposed of by this common order.
3. The present O.A.(s) have been filed by the Applicants
against the impugned order of regular
Appointment/Absorption Order dated 28.09.2024 passed in
compliance with the judgment of this Tribunal in OA Nos.
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
6
73/2018 and 114/2018 dated 16.05.2024, which were upheld
by the Hon’ble Manipur High Court. However, in compliance
with the aforesaid judgments and orders the present
respondents now bearing Compliance Order dated 28.09.2024,
have issued order of regular appointment/absorption in favor
of the present applicant to the post of MTS/MTS Belder at
Central Agricultural University, Imphal in the pay matrix level-
th
l of Rs. 18,000/- per month (7 CPC) along with other
allowances as admissible from the date of their joining to the
post of MTS in terms of the relevant conditions laid down in the
impugned order of regular appointment dated 28.09.2024;
however the applicants, in the instant original application, are
challenging the impugned order of regular appointment dated
28.09.2024 only to the extent of praying for a direction upon
the respondents to grant the benefit of regularization to the
applicants at least from the date of joining as MTS with effect
from 17.10.2013/08.10.2013 with all consequential benefits
including protection of basic pay of the applicants which have
already reached upto the basic pay of Rs. 24,900/-, which
applicants have already earned at present in the month
September 2024 after rendering l1/12 years of service as MTS
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
7
continuously without any break in service after their selection
and appointment to the post of MTS pursuant to an
advertisement bearing letter no 2/2012 dated 15.06.2012.
Therefore, applicants have earned more than 11 increments
while serving with effect from 17.10.2013/08.10.2013
continuously. As such, the limited prayer of the applicants in
the instant original application to grant regularization at least
w.e.f 17.10.2013/08.10.2013 i.e. from the initial date of
appointment as MTS with all consequential benefit including
seniority as well as protection of basic pay of Rs. 24,900/- to
the applicants, which they were drawing in the month of
September, 2024 just before issuance of the impugned regular
order of appointment dated 28.09.2024 in the post of MTS but
the applicants are under apprehension that the respondents
while carrying out fresh fixation of pay of the applicants in the
pay matrix level-l of Rs. 18,000/- per month along with other
allowances in terms of the impugned regular appointment
order dated 28.09.2024 are now going to be taken away in
terms of the conditions laid down in the regular appointment
order dated 28.09.2024 as passed by the Respondents. In that
event, respondents may reduce the basic pay of the applicants
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
8
at the initial stage of Rs. 18,000/-, since the regular
appointment of the applicants is now declared to be effective
from the date of joining as MTS as per the terms and conditions
laid down in the impugned order dated 28.09.2024. As such,
applicants have acquired a valuable legal right to be regularized
at least from the date of their initial joining as MTS w.e.f.
17.10.2013/08.10.2013 with all consequential benefit
including benefit of pay protection and seniority. But,
surprisingly vide impugned order of regular appointment dated
28.09.2024, the applicants have been regularized as MTS only
w.e.f. 01.10.2024, which has adversely effected service
prospect of the applicant and also caused irreparable loss and
injury in her service prospect.
It is also relevant to mention here that under the RTI reply
issued by the Central Public Information Officer bearing letter
dated 01.07.2015 wherein it is evident that pursuant to the
advertisement dated 15.06.2012, as many as 17 candidates
have been selected for different posts including the post of MTS.
It is to be noted here at this stage that Shri Sonam Bhutia
(MTS) also got selected in the same select list pursuant to
advertisement dated 15.06.2012 but the said Shri Sonam
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
9
Bhutia by the Appointment Order dated 23.09.2013 was
regularly appointed on regular basis to the post of MTS on pick
and choose manner by the Central Agriculture University,
Imphal, Manipur, in the regular pay scale of 5200-20200/- in
the grade pay of Rs. 1800/-. It is also to be noted here at this
stage that said Shri Sonam Bhutia had secured lesser marks
than the present applicant i.e. 4l.90% whereas applicants had
secured 49.51%/46.61% but said Shri Sonam Bhutia was
regularly appointed as MTS since September, 2013 and thereby
present applicants are meted out with hostile discrimination in
violation of Article 14 and 16.
4. Learned counsel for the Respondents has reiterated
the averments made in written statement and submitted that
the appointment of the applicants to the regular post was made
in strict compliance to the order dated 16.05.2024 in O.A. Nos.
73/2018 & 114/2018 of this Hon'ble Tribunal as per law. The
applicants were accommodated to vacant/regular post of MTS
at CAU vide Order dated 28.9.2024 in the pay Matrix Level-1
th
of Rs.18,000/- per month (7 CPC) along with other allowances
as admissible to employees of the university effective from the
date of joining the post on 01.10.2024. However, the University
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
10
has allowed the college authority to release her salary at Rs.
18,000/ per month (PMK-1) from the date of joining at the
college. The earning of increments in the AICRP project cannot
be carried forward, as the post hold by the applicant from
08.10.2013 to 30.09.2024 was under AICRP project. The
comparison drawn by the applicants between Shri Sonam
Bhutia (MTS) and themselves, in terms of marks secured
during the recruitment process is not valid and indicate that
the applicants have filed the cases without proper
understanding of the matter or by deliberate misrepresentation
of facts. Shri Sonam Bhutia was appointed as MTS under the
ST quota, whereas the applicant was appointed under General
category in the AICRP project. It is stated that there is no hard
and fast rule that all the post advertised under Advertisement
No. 2/2012 dated 15.6.2012 must be filled. Note no. 6 of the
said advertisement clearly states that– "The University reserves
the right to increase or decrease the number of posts to be filled
up or not to fill up some of the post." Due to non-availability of
regular posts, the applicants were appointed under AICRP
project on 08.10.2013 to which post, the applicants without
any reservation duly accepted and joined. Therefore, the claim
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
11
made by the applicants to protect their pay for the service
period of AICRP is not justified. Transfer of 6 persons namely
(1) Devendra Kumar Chettri, (2) Sanjeep Kumar Baniya, (3)
Bikram Chettri, (4) Sarina Thapa, (5)Sagar Poudyel and (6) Ms
Sma Singh is university's internal policy and is not related to
this instant case.
Counsel further states that for MTS category, 6 nos. of
posts were there i.e., for ST-1, OBC-2, UR-3. Sunam Bhutia
applied under ST category whereas the applicants were a
General category candidate. Due to non-availability of regular
post, the applicants were accommodated in AICRP project. The
appointment letter clearly indicated the terms and conditions
of appointment which included in cl 3. That the appointment
is till the continuation of the project by ICAR and co-terminus
with the project and they will have no claim for permanent
absorption/appointment in the university. The applicants,
knowing fully well about the terms of appointment, duly joined
the said posts without any reservations. It is reiterated that the
transfer of the said persons namely Bikram Chetri, Sanjeep
Kumar Baniya, Devendra kumar Chettri was an internal
administrative matter of the university which has no
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
12
connection to the recruitment made pursuant to the
advertisement dated 15.06.2012. Besides, the transfer of said
Bikram Chetri was done way back in 2009 much prior to the
advertisement. Similarly the transfer of Sanjeep Kumar Banya
and Devendra Kumar Chettri was done on 23.09.2013 on the
same day of appointment of the applicants. As such, no
malafide or unfair can be read in such act of the university
authority. The case laws cited by the applicant are not similar
to the instant case inasmuch as in the instant case, the
applicant was appointed under a project and the post was co-
terminus with the project. The Hon'ble CAT in its judgment
dated 16.5.2024 has directed to accommodate the applicant on
a regular post by following provisions of rules. There has been
no specific direction that applicant is to be given regularization
w.e.f the date of initial appointment.
Counsel vehemently denying the allegations made by the
applicant has stated that ICAR is the funding agency of the
projects and CAU runs the same as per the guidelines of ICAR.
Starting of any new project or closing of any project or post is
the prerogative of ICAR. It is reiterated that the initial
appointment letter of the applicants clearly indicated the terms
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
13
and conditions of appointment including the condition that the
appointment is co-terminus with the project. The applicants,
being well aware of the said conditions duly joined the said post
as such cannot now allege any malafide or oppose to natural
justice. It is stated that the applicants have no legal right to
claim regular appointment w.e.f the initial date of appointment
under the project. The applicant cannot forcefully read
interpret something to their benefit in the order of the Hon'ble
Tribunal for claiming regularization w.e.f the initial
appointment and claim pay protection and other consequential
benefit. Therefore, this instant OA being devoid of merit,
deserves to be dismissed.
5. Learned counsel for the Applicants has submitted
that the applicants were appointed as MTS pursuant to an
advertisement dated 15.06.2012 issued by the CAU, Imphal,
College of Agricultural Engineering & PHT, Ranipool, Sikkim
bearing advertisement No. 2/2012. However, the applicants in
the instant original application are challenging the impugned
order of regular appointment dated 28.09.2024 only to the
extent of praying for a direction upon the respondents to grant
the benefit of regularization to them at least from the date of
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
14
joining as MTS with effect from 17.10.2013/08.10.2013 with
all consequential benefit including protection of basic pay of
the applicants which has already reached to Rs. 24,900/-, said
basic pay has already been earned by the applicants at present
in the month September 2024 after rendering 11/12 long years
of service as MTS continuously without any break in service
after his selection and appointment to the post of MTS
pursuant to an advertisement bearing letter no. 2/2012 dated
15.06.2012. The applicants are under apprehension that the
respondents, while carrying out fresh fixation of pay of the
applicants in the pay matrix level-1 of Rs.18,000/- per month
along with other allowances in terms of the impugned regular
appointment order dated 28.09.2024; in that event,
respondents may reduce the basic pay of the applicants at the
initial stage of Rs. 18,000/-, since the regular appointment of
the applicant is now declared to be effective from the date of
joining as MTS as per the terms and conditions laid down in
the impugned order dated 28.09.2024. However, now fresh
fixation is carried out and the basic pay has come down to Rs.
18000/- from Rs. 24,900/- and there is a huge loss of basic
pay of Rs. 6,900/- besides loss of allowances. The applicant
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
15
begs to state that as per advertisement dated 15.06.2012, as
many as 17 candidates have been selected for different posts
including the post of MTS, but at this stage that Shri Sonam
Bhutia (MTS) also got selected in the same select list, and also
her service was regularised as per appointment order dared
dated 23.09.2013 on regular basis to the post of MTS on pick
and choose manner by the Central Agriculture University,
Imphal, Manipur, in the regular pay scale of 5200-20200/- in
the grade pay of Rs.1800. It is emphatically stated that apart
from Shri Sonam Bhutia as many as 5 persons Shri Sanjeep
Kumar Baniya, Shri Bikram Chettri, Sarina Thapa, Sagar
Poudyel, Ms. Sima Singh all similarly situated MTS who were
also initially appointed in the different projects under the CAU,
but when they were regularized in different offices under the
CAU and they have been given pay protection even on the date
of their individual regular absorption.
6. Heard the parties and perused the materials on records.
7. The grievance of the present applicants are that despite
serving in the Department for long 11/12 years as MTS, they
are being denied the benefit of regularization from the initial
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
16
date of appointment and they are under apprehension that
they will lose all 11 increments which they have earned so far
during the said tenure. It is an undisputed position that the
applicants were selected against a published advertisement
and selected against regular post of MTS through a regular
selection process but they have been subsequently denied a
regular post of MTS and posted in a temporary project. The
learned counsel for the applicants has relied upon one calling
letter dated 15.04.2013 and submitted that the order issued to
the present applicants and to Shri Sonam Bhutia are exactly
similar but Shri Bhutia was regularly appointed out of the
same selection as regular MTS even though the fact that Shri
Sonam Bhutia had secured lesser marks i.e. 41.90% than the
present applicants who secured 49.51% & 46.61%. So far pay
protection is concerned, it is noted stated that apart from Shri
Sonam Bhutia as many as 5 persons i.e., Shri Sanjeep Kumar
Baniya, Shri Bikram Chettri, Sarina Thapa, Sagar Poudyel, Ms.
Sima Singh, all similarly situated MTS who were also initially
appointed in the different projects under the CAU but they were
regularized in different offices under the CAU and they have
been given pay protection even on the date of their individual
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
17
regular absorption. The applicants are legally entitled to benefit
of regularization, with all consequential benefit including
seniority and pay protection at least from the date of initial
joining as MTS with effect from 17.10.2013/08.10.2013, since
their initial appointment to the post of MTS have been done
following due procedure of law i.e., following an advertisement
as well as following the selection by a duly constituted selection
committee; as such, law laid down by the Hon'ble Supreme
Court in the case of Direct Recruit Engineering Officers
Association VS State of Maharashtra and Others reported in
(1990) 2 SCC 715 will be squarely attracted in this case also.
The Hon’ble Supreme Court has held as follows at Para 44 (B)
of the said judgment, which is quoted herein below:
"If the initial appointment is not made by following the
procedure laid down by the rules but the appointee
continues in the post uninterruptedly till the
regularization of his service in accordance with the rules,
the period of officiating service will be counted."
8. Hence, we are of the considered opinion that the present
applicants are also entitled for regularization from the date of
their initial appointment as has been granted to similarly
situated employee, Sri Sonam Bhutia. In view of the said
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR
18
backdrop, both the OAs are allowed with the following direction
to the respondents:–
(a) To direct the respondents to grant the benefit of
regular appointment/regularization to the present
applicants to the post of MTS from the date of joining to
post of MTS w.e.f. 2013.
(b) The present applicants are entitled to get the benefit
of basic pay of Rs. 24, 900/- which the applicants are
presently drawing due to earning of regular increments
since 2013 on the post of MTS.
(c) Consequential benefits, if any, including notional
seniority and pay protection shall also be given to the
applicants.
(d) The entire exercise shall be concluded within a
period of 2 months from the date of receipt of a copy of
this Order.
9. Pending M.A.(s), if any, stand disposed of. No costs.
(MALLIKA ARYA) (RAJINDER SINGH DOGRA)
MEMBER (A) MEMBER (J)
/SK/
OA Nos. 40/106/2025
& 119/2025
SOURABH Digitally signed by
SOURABH KUMAR
KUMAR