Open prayer to Hon’ble Justice Altamas Kabir
Dated: 27th June, 2013
The Honble Justice Altamas Kabir, Chief Justice of India
Supreme Court of India
New Delhi, 110002
Re: Relief amount of Rs. 30,22,390/- immediately and pension amount of Rs. 26,499/- per month with effect from 1st April 2009 from ICAR
May it please be Your Lordship,
At the outset, I deeply apologize for encroaching upon your most valuable time.
With regards, I would like to draw your kind attention and immediate intervention so that I may not be deprived of my Constitutional Rights guaranteed under the Constitution of India.
On 3rd September, 2012, Your Lordship had directed me to move a fresh writ against the decision of the concerned Indian Council Agricultural Research (ICAR) authority before the Hon’ble Court (in IA 1 of 2009 in Cont. Pet. (C) No. 30 of 2008 in Civil Appeal No. 1329 of 2007). Accordingly, I have requested my Ld. Advocate to draft the same. While going through the draft copy of the Writ to be filed before the Hon’ble Calcutta High Court, I found that it is ditto copy of the earlier Writ Petition WPCT No. 864 of 2002 that was filed by me challenging the Central Administrative Tribunal’s (CAT) order dated 14th September, 1994 and 23rd April, 2002 and it has now dawned upon me that I’m just running in circles. Same facts, same respondents and same evidences may lead to same results and even if the new Writ to be filed is allowed by the Hon’ble Calcutta High Court, there is every possibility that ICAR (Respondent) may again challenge/appeal the same before the Hon’ble Supreme Court of India even though the facts and law are absolutely in my favour, extenuating my never ending legal-battle. However, whatsoever the outcome maybe, it implies that Your Lordship is the final authority, so this open letter to your Lordship with prayer for final decision.
My Lord, I joined ICAR in 1969. On and from 1st October, 1975 ICAR introduced Agricultural Research Service (ARS) scheme for P.G. employees and as per the ARS Rules, I was sponsored with ICAR Fellowship, study leave and other privileges to obtain M.Sc. degree for promotion in ARS. But on acquiring M.Sc. Dairying degree from Dairy Science College, Karnal, Haryana with 1st class in May, 1981 I was denied promotion to ARS mainly on two fold grounds i.e. (i) I was not holding the scale of Rs. 425-700/- as on 01.10.75 [ARS overlooked the fact that three junior employees in the said scale were inducted into ARS] and (ii) I could not pass M.Sc. degree within 5 years from 01.10.75 i.e. within 30.09.80 [however, this condition was imposed by purported amendment notification dated 1st July1981 that was incorporated after I had already accrued my right for benefit of Agricultural Research Service in scientist “S” grade with effect from 18th November, 1981].
Aggrieved by the above, I have knocked the doors of Hon’ble Central Administrative Tribunal (CAT) for 12 long years (1990-2002) of my life. Finally, on 29th July, 2002 I filed WPCT No. 864 of 2002 before the Hon’ble Calcutta High Court. By an ex-parte order dated 9th September, 2004, the Hon’ble Calcutta High Court by allowing the Writ Petition W.P. No. 864 of 2002, inter alia held that I am entitled to be a member of Agricultural Research Service (ARS) on my passing M.Sc. examination in May 1981 as I had met the administrative prescription prevailing then and my rights had already accrued then. Further, the Hon’ble Court held that any amendment to law taking away vested rights with retrospective effect is invalid as it is violative of the present acquired fundamental right of the affected person as has been held by the Hon’ble Supreme Court of India in K.C. Arora vs. State of Haryana reported in 1984 (3) SCC 281 & in the case of Secretary, (Estt.) Railway Board vs. D. Francis Paul reported in AIR 1996 SC 2776. Thereafter, the Hon’ble Calcutta High Court directed the ICAR to consider the claim of the petitioner (myself) for the benefit of Agricultural Research Service in Scientist ‘S’ Grade with effect from the date I became entitled and granted me liberty to make representation to ICAR along with a copy of the said order dated 9th September, 2004 and directed ICAR to decide the matter within two months.
It was the first time that I could see a ray of hope in my 14 years of legal battle and immediately I sent a copy of the judgment and order date 9th September, 2004 through a representation dated 11th October, 2004 to seek implementation of the same since the Ld. Advocate/Counsel of ICAR was not present while the said order was passed by the Hon’ble Calcutta High Court. I further sent a reminder letter to ICAR dated 16th December, 2004 for immediate action.
However, ICAR failed to act upon the same and as court proceedings go, the matter went on to be reviewed by ICAR vide RVW No 4355 of 2004 wherein ICAR relied on the judgment “ICAR-ARS Rules are not statutory” [ICAR vs Satish Kumar(1998) 4 SCC 219]. However, ICAR’s review petition was not allowed by the Hon’ble Calcutta High Court and was dismissed vide order dated 10th May, 2005.
Aggrieved by the above, ICAR moved SLP (C) No. 20040-41/2005 based on “ICAR-ARS Rules are not statutory” [ICAR vs Satish Kumar(1998) 4 SCC 219] before the Hon’ble Supreme Court against the impugned final judgment and order dated 9th September, 2004 and 10th May, 2005 respectively and the same was allowed as Civil Appeal No. 1329 of 2007 which was heard and finally disposed of by the Hon’ble Supreme Court by an order dated 13th March, 2007 wherein the Hon’ble Supreme Court comprising of Hon’ble Justice Mr. A.R. Laxmanan (retd.) along with your Lordship has delivered the judgement and directed ICAR to dispose of my representation dated 16th December, 2004 within two weeks in accordance with the statutory rules/law and further Your Lordships only set aside the direction that “concerned authorities to consider the cases of the employees junior to the respondent” passed by the Hon’ble Calcutta High Court in WPCT No. 864 of 2002 and thus invariably and impliedly held the rest of the order passed by the Hon’ble Calcutta High Court to be operative and valid.
Now, it is apparent that ICAR was to dispose of my representation dated 16th December, 2004 in accordance with law as held by the Hon’ble High Court vide its order dated 9th September, 2004 in WPCT No. 864 of 2002 and act according to statutory rules that are upheld to be valid by the Hon’ble Supreme Court in its order dated 13th March, 2007. However, vide its letter dated 23rd March, 2007, ICAR held, inter alia, that since I was not holding the scale of Rs. 425-700/- as on 01.10.75 and I did not acquire M.Sc. degree with in 30.09.80, I was not eligible for induction in ARS as it would be in contravention of their statutory rules and has thus, once again put me back at square one in spite of the long drawn court proceedings where at every step I was granted relief and wherein ICAR was directed to act in accordance with law.
Since the word “Representation” is having broader meaning, by taking the ill-advantage of it, ICAR got the opportunity to re-invoke the discarded documents/rules as “Statutory Rules” and acted contrary to the settled law. I further requested ICAR through a representation to act in “accordance with the law” wherein ICAR replied vide letter dated 3rd April, 2007, stating that the Hon’ble Supreme Court had ordered for disposing of my representation dated 16th December, 2004 in accordance with the Statutory Rules and they have acted thereby.
Since the reply of the ICAR was not in accordance with the law and since they were relying on statutory rules that had already been discarded by the Hon’ble Calcutta High Court. Hence, as advised by my counsel, I was prompted to file a Contempt Petition (Civil) No. 30 of 2008 in Civil Appeal No. 1329 of 2007 against ICAR before the Hon’ble Supreme Court which was disposed by an order dated 15th December, 2008, wherein the Hon’ble Supreme Court comprising of Justice Katju (retd.) and yourself had appreciated the submission of my learned counsel to the effect that since the earlier documents had been considered and discarded, the authorities (ICAR) ought not to have relied on the same while disposing of my representation dated 16th December, 2004 but Your Lordships found no contempt has been committed by ICAR and directed me to move a fresh Writ against the decision of the concerned authority (ICAR) before CAT.
As advised by my counsel, on 29th April, 2009 I had filed a modification application IA 1 of 2009 in Contempt Petition (C) No. 30 of 2008 praying, inter alia, that since I have been granted relief by the Hon’ble Calcutta High Court by a well reasoned judgment dated 9th September, 2004 in my Writ petition WPCT No. 864 of 2002 and since the judgment dated 9th September, 2004 has not been overruled by the Hon’ble Supreme Court, hence there is no requirement for further adjudication of my rights through fresh Writ and that the said judgment dated 9th September, 2004 had merely to be given effect to with the prayer for permission to move the High Court by way of a Contempt petition or by way of an application for direction to direct ICAR to grant me relief in accordance with law. However, Your Lordships did not find any reason to entertain my application for modification of your earlier order and disposed of the application and directed me to file a fresh Writ in “Court”.
Here, I most respectfully submit that Your Lordship has overlooked two important points such as
(i) that the Writ Petition (WPCT) No. 864 of 2002 has already been allowed by the Hon’ble Calcutta High Court and filing a fresh writ would be on the self same cause of action, and
(ii) my prayer for permission for an application for direction by the Hon’ble Calcutta High Court.
My Lord, since September, 2005 till 3rd September, 2012, I have been running around the corridors of the Hon’ble Supreme Court and before that I have spent almost a quarter of my life before the CAT and Hon’ble Calcutta High Court and now if I file a fresh Writ, again the same may be allowed by the Hon’ble Calcutta High Court but ICAR may thereby again file an appeal before the Hon’ble Supreme Court and this litigation may certainly not end during my life-time.
Moreover, continuing with the proceedings requires physical capacity, time and money. Last year I had undergone by-pass surgery and at my current age of 66 years, neither do I have physical capacity nor do I have time and money to fight afresh. Hence, under the taxing circumstances and gruesome fate that I find myself tied, I am inviting your kind attention with utter humility to pay heed to this open prayer for an early final relief as Your Lordship may find becoming of the situation.
Moreover, being a Tax paying Senior Citizen of the country, I think I am entitled to speedy and complete justice since I have been suffering from 1981 till date without any fault or negligence on my part.
Finally, it is crystal clear that re-invocation of the discarded documents by the ICAR proves beyond doubt that the ICAR authority does not have any other ICAR-ARS Rules to deny my induction into ARS and I am entitled for promotion/induction into ARS with effect from 18th November, 1981 with all consequential financial benefits amounting to Rs. 30,22,390/- (approx.) as arrears and pension amount of Rs. 26,499/- per month with effect from 1st April, 2009, in accordance with law.
Under the abovementioned facts and circumstances, it is my humble prayer through this open letter before your Lordship, to direct the ICAR to pay me Rs. 30,22,390/- immediately and also to pay me a pension amount of Rs. 26,499/- per month with effect from 1st April 2009 and to put an end to the deprivation I have suffered at the hands of ICAR authority for the past 32 years and allow me to live the rest of my life in mental peace.
Lastly I beg your pardon if this letter causes any annoyance to Your Lordship.
With deep regards and utter faith.
Asit Baran Chaudhuri