IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 13969 of 2008(S) -------------------------- OA.279/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: ------------ 1. INDIAN COUNCIL OF AGRICULTURAL RESEARCH, KRISHI BHAVAN, NEW DELHI, REP. BY ITS SECRETARY. 2. DIRECTOR, INDIAN INSTITUTE OF SPICES RESEARCH, MARIKKUNNU P.O., CALICUT - 12. 3. HEAD (SOCIAL SCIENCE), THE INDIAN INSTITUTE OF SPICES RESEARCH, MARIKKUNNU P.O., CALICUT. BY ADV. SRI.P.JACOB VARGHESE (SR.) SRI.VIVEK VARGHESE P.J. RESPONDENTS: ------------- DR.T.JOHN ZACHARIAH, S/O.T.S.YOHANNAN, SENIOR SCIENTIST, INDIAN INSTITUTE OF SPICES RESEARCH, MARIKUNNU P.O., CALICUT - 12, RESIDING AT "BETHLOME", CHENANOOR, CALICUT - 673 571. BY MR.T.C.GOVINDASWAMY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.13969 of 2008-S -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The respondents in OA No.279/05 before the CAT, Ernakulam are the writ petitioners. The applicant therein is the respondent. 2. The respondent/applicant claimed two additional increments on the ground that he is a Ph.D. holder and also another two increments on his placement in the post of Senior Scientist. Initially, two increments were granted to him on being promoted to the post of Senior Scientist. Later, that was also withdrawn. In the above background, the above said OA was filed. During the pendency of the OA, the ICAR itself came forward and granted two increments to Scientists having Ph.D. degree. In other words, the writ petitioners only resisted the claim of the applicant for two increments on being promoted as Senior Scientist. The prayer of the applicant for granting two increments on promotion was allowed by the CAT, relying on its earlier judgment in OA No.280/05. It is common case that the judgment in OA 280/05 was challenged before this court unsuccessfully and WP(C) No.34046/07 filed against the WPC 13969/08 2 judgment in that OA was dismissed by this court. In view of the above position , we notice that the challenge raised against Ext.P6 is covered by the judgment of this court in Writ Petition (C) No.34046/07. Accordingly, the Writ Petition is dismissed. K.BALAKRISHNAN NAIR,JUDGE 26.05.2008 M.C.HARI RANI, JUDGE sta WPC 13969/08 3