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Showing contexts for: CCRAS in Dr. P.N. Shukla vs Union Of India on 30 November, 2023Matching Fragments
13. Immediately after passing of the aforesaid order and finding that it may be illegal to grant higher pay-scale to one of the Hereinafter referred to as CCRAS.
8Central Hindi Directorate, Ministry of Human Resource Development, Department of Secondary and Higher Education.
9Fifth Central Pay Commission Report.
officers belonging to the same cadre, governed by the same Rules another order was passed by the Directorate on 20.04.2007, declaring the post of Assistant Scientific Officer (Medicine) to be an ex-cadre post, in view of the grant of upgraded pay-scale to the respondent No.4.
20. It was submitted that the aforesaid order was passed, when the respondent no.4 was not even in service with CSTT, as he was on deputation to CCRAS, New Delhi. Immediately, after the aforesaid order was passed, the respondent No.4 joined back CSTT on 23.01.2007. The Commission recommended grant of parity to Hereinafter referred to as ‘ISM&H’.
physicians of ISM&H/GDOs. In fact, they were all working as medical officers, which had no comparison with the duties being discharged by the respondent no.4.
23. In the aforesaid factual matrix, the arguments raised by the learned senior counsel for the appellants are that the respondent no.4 could not have been taken back in service in CSTT, after he had served on different posts in various departments in the Directorate of Medical and Health Services, Daman and Diu, followed by the Directorate of ISM&H, Puducherry and thereafter in the CCRAS, New Delhi, an autonomous body, as his lien on the post had already been lost. Secondly, grant of higher pay-scale to the respondent no.4 was totally illegal. The post of which the pay-scale was granted to the respondent No.4, was of doctors, who were discharging clinical duties in hospitals. The case of the respondent No.4 was not similar. In fact, a wrong paragraph from the recommendations of the Commission was relied upon to grant him benefit. Thirdly, one of the officers recruited and working in the same cadre and governed by the same Rules, was made ex-cadre without there being any legal justification therefor and without following the due process of law. Even in the order creating a separate cadre for the respondent No.4, the only reason assigned was that he had been granted a higher pay-scale. The prayer made by the appellants is that the orders passed by the High Court and the Tribunal be set aside, the prayers made by the appellants in the Application17 filed before the Tribunal be granted and as a consequence thereof, orders dated 13.12.2006 and 20.04.2007 issued by the Directorate be set aside or in the alternative, the appellants being governed by the same set of Rules and discharging the same functions, be granted the same pay-scales and allowances as has been granted to the respondent No.4.
24. Learned counsel appearing for the Union of India, submitted that after being selected as an Ayurvedic Physician in Directorate of ISM&H, Government of Puducherry, in the pay scale of ₹8000-13500, the respondent No.4 was relieved from CSTT w.e.f. 10.06.2005. However, his lien was maintained. After being relieved from the Directorate of ISM&H, Puducherry on 21.07.2005, respondent NO. 4 joined back in CSTT on 22.07.2005. He was again relieved on 05.09.2005 as he was selected as a Medical Officer (Ayurveda) in the Directorate of Daman and Diu, Medical and Health Services in the pay scale of ₹8000-13500. Even at that time, his lien was maintained in the CSTT. While in service in the Administration of Daman and Diu, the respondent no.4 applied for a No Objection Certificate and the same was granted to him on 18.11.2005 by CSTT to appear in the interview to be held on 19.11.2005, for the post of Research Officer in CCRAS, New Delhi. At that time, he was serving with the Administration of Daman and Diu. After he was selected as a Research Officer in the CCRAS, he sought permission from CSTT to join CCRAS by 30.01.2006. He was relieved from the post of Medical Officer (Ayurveda) in the Administration of Daman and Diu w.e.f. 30.01.2006 and on the same day he joined in CSTT. Further, he was relieved on the same day forenoon to join as Research Officer in CCRAS in the pay scale of ₹8000-13500. On the very same day, he made a request for maintenance of his lien in the CSTT. Pertinently, respondent No.4 got himself relieved from CCRAS in the afternoon on 17.01.2007 and joined at CSTT on 23.01.2007, in the forenoon.