COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH vs UNITED FORUM OF CSIR RETIRED (GRP IV-6) SCIENTISTS AND ORS

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17806/2024, CM APPLs. 75818/2024, 75819/2024, 75836/2024 & 75837/2024 COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH .....Petitioner Through: Mr. V.S.R. Krishna, Adv. versus UNITED FORUM OF CSIR RETIRED (GRP IV-6) SCIENTISTS AND ORS .....Respondents Through: Mr. Vaibhav Vutts, Ms. Amna Hasan, Ms. Anupriya Shyam and Ms. Aarya Deshmukh, Advs. Mr. Raj Kumar, CGSC for UOI. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 28.01.2025 AJAY DIGPAUL, J. 1. The relevant facts that emerge from the pleadings are as follows: The genesis of the issue lies in the special pay granted to Scientist G/Group IV(6) officers of Council of Scientific and Industrial Research1/Petitioner, which was introduced by an order dated 07.12.2001, granting a special pay of Rs. 2,000/- per month (without Dearness Allowance) to eligible officers. This special pay was enhanced to Rs. 4,000/- per month in 2006. 1 “CSIR”, hereinafter Signature Not Verified Signed By:MEENU W.P.(C) 17806/2024 Page 1 of 11 KALRA Signing Date:05.03.2025 17:12:10 2. The respondents, a group of retired CSIR scientists, contend that this special pay should be included in pension computation, as it was part of their “pay” as per F.R. 9(21)(a) of the Fundamental Rules & Supplementary Rule (FRSR)2. 3. The respondents rely on parity with similarly placed scientists in Defence Research and Development Organisation (DRDO), Department of Atomic Energy (DAE), and Department of Space (DoS), who, the respondents claim, received the benefit of special pay in pension calculations. 4. Feeling aggrieved by this, the respondents submitted representations on 23.03.2021 and 26.06.2021 to the petitioner seeking the benefit granted to Scientists in the