V MADHAVIKUTTY vs Indian Council of Agricultural Research
- Court
- Central Administrative Tribunal
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CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH,
ERNAKULAM
Original Application No. 180/00382/2024
nd
Wednesday, this the 2 day of September, 2026
CORAM:
Hon'ble Mr. Justice Sunil Thomas, Member (J)
Hon'ble Mr. Braj Mohan Agrawal, Member (A)
1. V. Madhavikutty, aged 61 years, retired Assistant,
Central Plantation Crops Research Institute (CPCRI),
Regional Station, Krishnapuram, Kayamkulam,
Residing at Kochukizhekketil House, Mudiyoorkonam PO,
Pandalam – 689501.
2. R. Reveendran, 62 years, retired Skilled Supporting Staff Gr-II,
Central Plantation Crops Research Institute (CPCRI),
Regional Station, Krishnapuram, Kayamkulam,
Residing at Subhalayam, Njakkanal, Krishnapuram PO,
690533. ..... Applicants
(By Advocate: Mr. R. Rajasekharan Pillai)
V e r s u s
1. The Indian Council of Agriculture Research (ICAR),
Represented by its Secretary, Krishi Bhawan,
Dr. Rajendra Prasad Road, New Delhi 110001.
2. ICAR-Central Plantation Crops Research Institute,
Represented by its the Director, Kudlu PO, Kasaragod 671124.
3. The Head ICAR-CPCRI, Regional Station,
Krishnapuram PO, Kayamkulam 690533. ..... Respondents
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(By Advocate: Ms. K.V. Bhadra Kumari)
This Original Application having been heard on 20.08.2026, the
Tribunal on 02.09.2026 delivered the following:
O R D E R
Per: Justice Sunil Thomas, Judicial Member –
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The applicants who were employed under the 1 respondent in the
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Regional Station of the 3 respondent as Skilled Supporting Staff Grade-
II till 30.6.2022 and thereafter, have retired as Assistant with effect from
31.3.2023, have approached this Tribunal challenging Annexure A5 order
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by which the representation of the 1 applicant seeking an option to
change the pay fixation in accordance with Annexure A1 memorandum
was rejected.
2. The applicants claim that by Annexure A1 office memorandum
dated 4.7.2023, issued after the retirement of the applicants, had invited
requests from the Government employees to exercise/re-exercise option
for pay fixation under FR22(1)(a)(1) in accordance with paragraph 7 of
OM dated 28.11.2019. According to the applicants, the said OM issued by
the Department of Expenditure, Ministry of Finance was endorsed by the
Indian Council of Agriculture Research, New Delhi on 25.7.2023 by
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Annexure A2. The said OM endorsed by ICAR was forwarded to the
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concerned offices by the 2 respondent by Annexure A3. The applicants
who had retired in the meanwhile were not aware of such OM. Since the
applicants were not aware of such OM and since wide publicity as
required under Annexure A1 was not given, they were disabled from
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responding to Annexure A3 and to exercise their option. The 1 applicant
however, by her representation dated 2.1.2024 produced as Annexure A4,
sought to change her date of increment from July to January and
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consequently change the date of her 3 MACP and requested to calculate
pension and other retirement benefits accordingly. The said representation
was rejected by Annexure A5 on the premise that option was not received
within the stipulated time even after three extensions.
3. Aggrieved by Annexure A5 communication the applicants have
approached this Tribunal.
4. The respondents filed a detailed reply statement contending that
ICAR is an autonomous body and CPCRI is one of the constituents under
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the ICAR. It was stated that the 1 applicant was employed in the
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administration section of the 3 respondent and she was fully aware of all
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procedures for circulation of Government orders office procedures.
Applicant No. 2 was a Farm Staff and was also aware of the various
Government orders. It was also stated that the instructions contained in
Annexure A1 office memorandum were earlier issued by the Ministry of
Finance on 28.11.2019 and thereafter on 15.4.2021. All the Government
employees were given opportunity to exercise their option to refix the
increment dates during 2019 and 2021. Both the applicants were in
service during the relevant period and the contention that wide publicity
was not given to the OM was incorrect. Both the applicants did not
exercise their option, though several employees/retired employees had
exercised option/re-option. It was further stated that Annexure A1 which
was endorsed by the ICAR on 25.7.2023 was uploaded in the ICAR
website and endorsed by ICAR/CPCRI on 4.8.2023 and uploaded in the
CPCRI website and circulated among all serving staff of Regional
Station, Kayamkulam for the benefit of Government employees. After
having failed to exercise their discretion within the time prescribed, they
cannot be heard to contend that they are entitled to exercise the option.
5. Heard both sides and examined the records.
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6. The prayer sought in the Original Application is to quash Annexure
A5 as arbitrary and to direct the respondents to advance the date of
increment of the applicants with effect from 1.1.2019 and to disburse
them all consequential benefits along with arrears.
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7. There is no dispute that the 1 applicant retired on 31.3.2023 and the
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2 applicant on 30.6.2022. It was only thereafter Annexure A1 dated
4.7.2023 was issued by the Ministry of Finance. It was endorsed by ICAR
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by Annexure A2 and thereafter endorsed by 2 respondent by Annexure
A3. The respondents claim that it was published in their respective
websites and was given wide publicity though it is disputed by the
applicants. However, Annexures A2 and A3 clearly indicates that the
communications were ordered to be distributed among all offices and
sections of ICAR/CPCRI.
8. However, the crucial fact to be taken note is that though the
applicants contend that they were not aware of Annexure A1 it was only
the third opportunity granted to the employees/retired personnel who had
missed the two earlier opportunities. The first option was issued by the
Department’s OM dated 28.11.2019. All the Government employees were
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given an opportunity to exercise option within one month. Thereafter,
since complaints were received stating that employees could not exercise
the option within the time, by another OM dated 15.4.2021 three months’
time was granted. Both the applicants were in service when both the
earlier OMs were issued. After having missed the third opportunity, a
belated contention of the applicants that they were not aware of Annexure
A1 cannot be accepted at this stage.
9. The contention of the applicants that no publicity was given cannot
be accepted. It has come on record that 15 employees and 3 pensioners of
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the 3 respondent had exercised the re-option. Accordingly, at least few
persons who stand on the same footing as that of the applicants, have
exercised their right. In the above circumstances we find no reason to
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grant any further opportunity. It is also to be noted that the 2 applicant
has not even submitted any representation and he has approached this
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Tribunal along with the 1 applicant who had at least in fact filed an
application seeking extension of time, though belatedly.
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10. The Original Application fails and is accordingly, dismissed. No
order as to costs.
(BRAJ MOHAN AGRAWAL) (JUSTICE SUNIL THOMAS)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
“SA”
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Original Application No. 180/00382/2024
APPLICANTS’ ANNEXURES
Annexure A1 – True copy of the OM No. 04-21/2017-IC/E.IIIA dated
4.7.2023 of Ministry of Finance.
Annexure A2 – True copy of the endorsement letter F.No.
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FIN/22/2/2022-CDN(A&A) dated 25.7.2023 of the 1
respondent.
Annexure A3 – True copy of the endorsement No. G.7(4)/Misc/2021-
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Estt. dated 4.8.2023 of the 2 respondent.
Annexure A4 – True copy of the representation dated 2.1.2024
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submitted by the 1 applicant before the 3
respondent.
Annexure A5 – True copy of the order F.No. 7(4)/Mic/2021-Estt10/7
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dated 19.3.2024 of the 2 respondent.
RESPONDENTS’ ANNEXURES
Nil
-x-x-x-x-x-x-x-x-
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