- 1 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 6453 OF 2019 (S-CAT) BETWEEN: 1. CONTROLLER OF ADMINISTRATION VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM (NATIONAL COUNCIL OF SCIENCE MUSEUMS) KASTURBA ROAD BENGALURU – 560001. 2. THE DIRECTOR GENERAL NATIONAL COUNCIL OF SCIENCE MUSEUMS BLOCK - GN, SECTOR V, BIDHAN NAGAR, KOLKATTA – 700091. …PETITIONERS (BY SRI. USMAN P., ADV.) AND: 1. N K PREM KUMAR S/O SRI N KARUNANITHI AGED ABOUT 41 YEARS WORKING AS UDC, OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 2. MAHENDRA N BHUTE S/O SRI N T BHUTE, AGED ABOUT 47 YEARS WORKING AS EXHIBITION ASSISTANT “B” Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 3. PRASANTA KUMAR BISWAL S/O SRI PRAFULLA BISWAL AGED ABOUT 35 YEARS WORKING AS EDUCATION ASSISTANT ‘B’ OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 4. P M SHANEESH KUMAR S/O SRI P M GOPALAN AGED ABOUT 38 YEARS WORKING AS DRIVER GRADE - II OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 5. SMT. B U MANJULA D/O SRI L UGRAIAH AGED ABOUT 38 YEARS WORKING AS UDC, OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 6. K HARI PRASAD S/O SRI K SANJEEVA MOOLYA AGED ABOUT 32 YEARS WORKING AS TECHNICIAN ‘B’ (FITTER) OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. - 3 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 7. G MUTHU KUMAR S/O SRI T GOPALAN, AGED ABOUT 35 YEARS WORKING AS TECHNICIAN ‘B’ (CARPENTER) OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 8. CHANDRA SEKHAR PRASAD S/O SRI A PRASAD AGED ABOUT 38 YEARS WORKING AS EDUCATION ASSISTANT ‘B’ OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 9. M SUDALAIMANI S/O SRI MUTHU KRISHNAN AGED ABOUT 31 YEARS WORKING AS TECHNICIAN ‘B’ (CARPENTER) OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 10. BISWAJIT MAJUMDAR S/O LATE B MAJUMDAR AGED ABOUT 42 YEARS EX- DRIVER GRADE - II OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 11. GOVIND RAM SHARMA S/O SRI B P SHARMA AGED ABOUT 36 YEARS WORKING AS TECHNICIAN ‘B’ (PAINTER) - 4 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 12. SAVARIGIRE SELVAN S/O LATE K SANKARA SUBBU AGED ABOUT 37 YEARS WORKING AS TECHNICIAN ’B’ (ELECTRONICS) OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 13. P MAHESH KUMAR NAIK S/O SRI P RATHNAPPA NAIK AGED ABOUT 31 YEARS WORKING AS TECHNICAL ASSISTANT ‘B’ OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 14. SIDDALING S/O SRI NILAKANTA RAO AGED ABOUT 35 YEARS WORKING AS TECHNICIAN ‘B’ (ELECTRICAL) OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. 15. R ARUMUGAM S/O SRI K RAMAN AGED ABOUT 42 YEARS WORKING AS TECHNICIAN ‘B’ (FITTER) OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS KASTURBA ROAD, BENGALURU – 560001. - 5 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 16. MD. ADBUL KHALEEQ S/O SRI MD FIYAZUDIN AGED ABOUT 36 YEARS WORKING AS TECHNICIAN ‘B’ (CARPENTER) OFFICE OF VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM NATIONAL COUNCIL OF SCIENCE MUSEUMS GULBARGA ROAD GULBARGA – 585101. 17. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF CULTURE GOVERNMENT OF INDIA ROOM NO 501, C WING, SHASTRI BHAWAN NEW DELHI – 110015. …RESPONDENTS (BY SRI. A R HOLLA, ADV. FOR R1 TO R12, R15 & R16 R13 & R14 SERVED & UNREPRESENTED SRI H SHANTHI BHUSHA, DSGI FOR R17) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14.11.2018 PASSED IN THE O.A.NO.170/560- 575/2017 ON THE FILE OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH, PRODUCED AS PER ANNEXURE-D TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 6 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioners i.e., Visvesvaraya Industrial & Technological Museum (National Council of Science Museums) are before this Court aggrieved by order dated 14.11.2018 in O.A.No.170/560-575/2017 passed by the Central Administrative Tribunal, Bengaluru Bench (for short, ‘CAT’), allowing the respondents’ application wherein the respondents had questioned Annexure-A60, office order dated 23.06.2017 and Annexure-A61, O.M. dated 24.06.2017 wherein the petitioners sought undertaking in the enclosed format for fixation of pay in accordance with 7th CPC recommendations. 2. Brief facts of the case are that, the respondents are working in petitioners’ museums in various capacities. They were initially appointed on ad-hoc basis and subsequently they were appointed to their respective posts on probation for a period of two years and thereafter continued in the regular pay scale. The petitioners who - 7 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 were respondents before the CAT issued O.M., dated 24.06.2017 (Annexure-A61) based on the office order No.19/2017 dated 23.06.2017 (Annexure-A60), issued by the National Council of Science Museums, wherein all the Museums were directed to recover excess payment from 01.01.2016 onwards due to erroneous fixation of pay of 7th CPC. The said O.M., dated 24.06.2017 challenged before the CAT and the CAT under impugned order dated 14.11.2018 quashed the Office Order and O.M., at Annexures-A60 and A61. Questioning the said order of the CAT, petitioners are before this Court. 3. Heard learned Central Government Counsel Sri.P.Usman., for petitioners, learned counsel Sri.A.R.Holla for respondent Nos.1 to 12, 15 and 16 and learned Deputy Solicitor General of India Sri.D.Shanthibhushan for respondent No.17. Perused the entire writ petition papers. 4. Learned Central Government Counsel Sri.P.Usman., for petitioners would submit that the - 8 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 petitioners were earlier appointed on ad-hoc basis and subsequently they were appointed in the pay scales to their respective posts. It is further submitted that pay of the respondents were fixed in the 7th CPC counting their past service i.e., contractual/ad-hoc service. As there was erroneous/excess payment, National Council of Science Museums based on the audit objections issued office order No.19/2017 dated 23.06.2017 to get undertaking from the respondents before fixation of their pay in accordance with 7th CPC recommendations. Learned counsel for the petitioners would submit that audit objection is the main cause for seeking such undertaking and to implement Annexure-A60, office order dated 23.06.2017 was issued. In fact, he submits that respondents are paid excess pay by erroneous fixation of their pay. As such, it had become necessary for the petitioners to seek an undertaking from the respondents. 5. Per contra, learned counsel Sri.A.R.Holla for respondent Nos.1 to 12, 15 and 16 would submit that - 9 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 though the respondents were appointed on ad-hoc basis/contractual basis, subsequently they were appointed on the pay scale on probation and thereafter they are continued in the posts in which they are working. Learned counsel would invite attention of this Court to appointment letters of the respondents and would submit that the appointment of respondents was under the National Council of Science Museums, which is an autonomous body. Further, learned counsel would submit that the Tribunal has not granted prayer No.2 made before the Tribunal. In that view of the matter, the learned counsel would pray for dismissal of the writ petition. 6. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that the petitioners have not made out any ground to interfere with the impugned order passed by the Tribunal and further it is to be noticed that in fact the petitioners are not aggrieved by the impugned order passed by the Tribunal. - 10 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 7. The impugned O.M., dated 24.06.2017 (Annexure-A61) reads as follows: “VISVESVARAYA INDUSTRIAL & TECHNOLOGICAL MUSEUM (National Council of Science Museums), KASTURBA ROAD, BANGALORE-560 001. No.4(5)/A&E/2017 24.06.2017 OFFICE MEMORANDUM NCSM Headquarters, vide it's Office Order No. 19/2017 dated 23/06/2017, have conveyed the decision of the competent authority to rectify the erroneous pay fixation as granted to the employees after obtaining undertaking from them to the fact that they are willing to accept the 7 CPC pay scales after rectification of erroneous pay fixation and postponement of the dates of pre-mature promotions/premature financial up gradation under ACP/MACP granted to them. The following are the guidelines given by NCSM in this regard:- 1. All the concerned employees shall furnish the above undertaking in the enclosed format. The 7th CPC benefit shall not be extended to the concerned employees till receipt of such undertaking from them. - 11 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 2. On receipt of the required undertaking, as above, erroneous fixation of pay shall be rectified by notionally fixing the pre revised pay from the respective dates of regular appointment of the concerned employee after de-linking/excluding the contractual/ad-hoc period of service from regular service. 3. In case of pre-mature promotion(s)/financial up-gradation under ACP/MACP, the data(s) of promotion(s)/financial up-gradation under ACP/MACP shall be correspondingly postponed, wherever the period of regular service falls short of minimum residency period/minimum qualifying period required for promotion to the next higher grade. 4. Excess payment made from 01.01.2016 onwards due to such erroneous fixation shall be recovered from the arrears of 7th CPC. In case the amount of arrears of 7th CPC fall short of the amount of recovery, the balance amount will be recovered from their salary. The following employees of VITM and its satellite units, in whose cases pay was erroneously fixed considering the contractual/ad-hoc services rendered by them, are required to submit their undertaking, in the enclosed format, latest by - 12 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 27/06/2017, so as to facilitate fixation of their pay in accordance with the 7th CPC recommendations:- 1. Shri Senthil Kumar C, Tech. Asstt 'B', RSCT. 2. Shri Chandrasekhar Prasad, Edn Asstt 'B', VITM 3. Shri Prasantha Kumar Biswal, Edn. Asstt 'B', VITM 4. Shri Bhute Mahendra Nathuji, Exbn. Asstt 'B', VITM 5. Shri Mahesh Kumar Naik, Tech. Asstt 'B', ` VITM 6. Shri Mari Lenin P, Edu. Assit 'B',DSCT 7. Smt Rajeswari S. Assistant(F&A), VITM 8. Shri Md. Abdul Khaleeq, Technician 'B', DSCG 9. Shri Govind Ram Sharma, Technician 'B', VITM 10. Shri Savarigire Selvan S. Technician 'B', VITM 11. Shri G. Muthukumar. Technician 'B'. VITM” 8. The main contention of the learned counsel for the petitioners is that, as the audit objections were raised, it had become necessary for the National Council of Science Museums to issue Annexure-A60, Office Order dated 23.06.2017 and in turn, the petitioners issued O.M., dated 24.06.2017. Learned counsel for the petitioners - 13 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 would submit that the respondents were paid excess pay by erroneously and to recover the same, they have sought undertaking from each of the respondents. To seek such undertaking, learned counsel for the petitioners would not able to point out any rule under which such undertaking could be obtained. Obtaining such undertaking is without jurisdiction. Such unconscionable undertaking cannot be obtained by the authorities. 9. The respondents are working in Group-C posts and if such undertaking is sought, they have no other option but to give such undertaking. In fact, such undertaking cannot be obtained by the petitioners. If at all there are excess/erroneous payments, the petitioners will have to proceed in accordance with law. Issuing O.M., dated 24.06.2017 is opposed to settled principles of law and the Tribunal has rightly quashed the said O.M. The petitioners instead of taking recourse to law have indirectly seeking undertaking before granting 7th CPC re-fixation of pay. - 14 - HC-KAR NC: 2025:KHC:33460-DB WP No. 6453 of 2019 10. The petitioners have unnecessarily generated the litigation and they have brought the matter before this Court. We take serious exception to the action of the petitioners in obtaining undertaking from the respondents by way of issuing impugned O.M., and thereafter bringing the matter before this Court. Though it is a fit case for imposing costs, we restrain ourselves from imposing costs and accordingly, cost is waived. 11. With the above observations, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 23