The appellant No.1 joined the Commission for Scientific and Technical Terminology as a Research Assistant (later redesignated as Dated 15.07.2011 in Writ Petition (Civil) No.3791 of 2011 High Court of Delhi Dated 01.06.2010 in O.A.No.1762/2010 and Dated 03.08.2010 in Review Application No.203/2010 The Central Administrative Tribunal, Principal Bench, New Delhi Hereinafter referred to as ‘CSTT’. The appellants No.2 to 6 joined CSTT as Research Assistants on various dates as detailed below: Sr. As a result, the post of Research Assistant was redesignated as Assistant Scientific Officer, whereas the post of Assistant Education Officer was redesignated as Scientific Officer.
5 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.
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However, the same was permitted to be withdrawn by the Tribunal on 10.08.2009 with liberty to the appellants to file a comprehensive representation before the competent authority. However, the same was dismissed as withdrawn on 17.03.2010, with liberty to file a fresh application challenging the order dated 04.01.2010 because the same was not impugned in the aforesaid application. It is not a matter of dispute that the respondent No.4 was also recruited as a Research Assistant (later redesignated as Assistant Scientific Officer), just as the appellants were. In support of the argument that the appellants as well as the respondent No.4 were discharging the same duties and their job profile was inter-changeable, reference was made to the order dated 08.09.2021 issued by CSTT whereby the respondent No.4 was assigned the duty to prepare separate glossary in ‘engineering graphics’.
Dr.P.N.Shukla, A.D Andhra Pradesh Telugu Will submit Work Progress Report in the last 9 week of every month 3. It was argued that the illegality in grant of scale especially, the non-practicing allowance (NPA) granted to the respondent No.4 having come to the notice of the authorities, an order was passed by Chairman, CSTT in compliance of the aforesaid OM on 26.07.2017, withdrawing 10 the NPA given to the respondent As regards further status of the case, learned counsel for the respondent No.4 submitted that the same was challenged by filing W.P.(C) No.12660 of 2019 in the High Court, which was disposed of as withdrawn vide order dated 15.03.2023 with liberty to the respondent No.4 to file a representation before the competent authority. The post of which the pay-scale was granted to the respondent No.4, was of doctors, who were discharging clinical duties in hospitals.
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. 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. Considering the merit in the representation made by the respondent No.4, vide order dated 13.12.2006, the Directorate granted him the pay scale of 8000- 13500 w.e.f.
He submitted that in the schedule attached to the 1980 Rules, there are 74 posts of Research Assistants which were bifurcated as 45 for Hindi, 4 for regional languages, 25 for different subjects including Medicine. It is only the post of Research Assistant (Medicine) that a professional degree was required and that was not so for any other post. He further submitted that the aforesaid recommendations mentioned that in the Fourth Central Pay Commission, the scale of pay of doctors shall be taken as 2200-4000 and a corresponding pay scale recommended by the Commission should have been granted to the respondent No.4.
Learned counsel referred to an order of the Directorate dated 20.04.2007, issued in continuation of the earlier order dated 13.12.2006, clarifying inter-alia that the post of Assistant Scientific 17 Officer (Medicine) in CSTT which was granted the upgraded pay scale of 8000-13500 plus NPA, will be an ex-cadre post. Vide separate Notification, Rules titled as ‘The Senior Scientific Officer (Medicine) Rules, 2014 were notified providing for a single post of Senior Medical Officer (Medicine) in the pay scale 15600-39100 plus Grade Pay 5400. Learned counsel for the respondent No 4 further referred to an order dated 26.08.2013, issued by the Department of Higher Education, MHRD, Government of India directing redesignation of the post of Assistant Scientific Officer (Medicine) in the pay scale 8000- 13500 plus NPA as that of Senior Scientific Officer (Medicine).
She further referred to the stand taken by the Union of India before the Tribunal in a challenge made by the respondent No.4 to the withdrawal of non-practicing allowance granted to him earlier. Chaudhary (Eix.Engg.)
Respondent No 4 joined CSTT as a Research Assistant in the pay scale of 6500-10500. 10 06.09.2005 Respondent No 4 joined as a Medical Officer (Ayurveda) in the Directorate of Daman & Diu, Medical and Health Services in the pay scale of 8000- 275-13500. 17 14.08.2008 Representation was made by the appellants for grant of the same pay scale as was granted to the respondent No 4, as they belonged to the same cadre.
A writ petition was filed before the High Court of Delhi challenging the orders dated 01.06.2010 and 03.08.2010. 26 38.3 2019 Writ Petition No 12260 of 2019 was filed by the respondent No 4 challenging the order dated 31.7.2019, passed by the Tribunal. From the aforesaid conduct of the respondent No 4, it is evident that despite being selected as a Research Assistant [re- 27 designated as Assistant Scientific Officer (Medicine)], he was not interested to serve his parent organisation but was more interested in getting a higher pay scale while going on deputation. The result of grant of higher pay scale to him from the date he joined service would mean that even for the intermittent period when he remained in service with CSTT, though he remained 28 on deputation for quite some time in a higher pay scale, he also got a higher pay. Non-application of mind by the respondent No 1-Union of India is evident from the fact that though he was not practising in Medicine, respondent No 4 was even granted NPA which is granted to doctors who are not allowed to carry on private practice while working as Medical Officer. The Consultancy Study as well as administrative Ministry have recommended that parity of ISM&H Physicians with Allopathic doctors.
As specialisations are yet to emerge with concrete foundation in ISM&H, we recommend a general parity with GDOs as follows: Level Designation Scale Residency 3 ACP Chief Medical Officer (Selection Grade) Rs.4500-5700 – 2 ACP Chief Medical Officer Rs.3700-5000 4 yrs. As the Physicians of ISM&H are equally concerned with Medical practices teaching and 32 research, we recommend that allowances and facilities granted to GDOs of Allopathic stream should also be granted to Physicians of the ISM&H on the same terms and conditions.” 44.
We feel that the cadre structure of the technical post in the Commission for Scientific & Technical Terminology needs to be re-arranged. While the initial recruitment at Research Assistant level shall be made by direct recruitment, the posts of Assistant Education Officer and Scientific Officer should be filled by promotion. The pay scales and designation of Research Assistant (Rs.1640- 2900) and Assistant Education Officer (Rs.2000-3200) should be changed to Assistant Research Officer and Research Officer in the scales of Rs.2000-3500 and Rs.2500-4000 respectively. Still further, the authorities realised that the post on which respondent No 4 was working was not that of a Medical Officer with which his pay scale was equated and he was granted NPA. Apparently, the authorities favouring the respondent No 4 and the respondent No 4 together were not able to achieve the objective of granting a higher status and pay scale to him.
Two set of Rules were notified on 17.02.2014, namely, Assistant 38 Scientific Officer (Medicine) Rules 2014 and Senior Scientific Officer (Medicine) Rules, 2014. As far as Senior Scientific Officer (Medicine) Rules, 2014 are concerned, the same were notified only for one post with higher pay scale as compared to the Assistant Scientific Officer (Medicine) Rules, 39 2014. Notification of Senior Scientific Officer (Medicine) Rules, 2014 dated 17.02.2014 issued only to deal with a single post of Senior Scientific Officer (Medicine) amply demonstrates that the preparation for granting undue benefit to the respondent No 4 had started well in advance. How a single person in the same cadre on the same post governed by the same set of Rules was granted a higher pay scale solely by relying upon the recommendations made 40 by the Commission, which were not applicable. Firstly, the post of Assistant Scientific Officer (Medicine) was re-designated as Senior Scientific Officer (Medicine) vide order dated 26.08.2013 and thereafter, Senior Scientific Officer (Medicine) Rules, 2014 were framed for a single post of Senior Scientific Officer (Medicine) in CSTT.
If the Senior Scientific Officer (Medicine) Rules, 2014 are not applicable to the respondent No 4, the post of the respondent No 4 with the notification of Assistant Scientific Officer (Medicine) Rules, 2014 goes in vacuum, as this subject is not mentioned in the Assistant Scientific Officer (Medicine) Rules, 2014.
Case Title: DR. P.N. SHUKLA Vs. UNION OF INDIA
Case Number: C.A. No.-007747-007747 / 2012
