TaxTMI 
TaxTMI 
2023 (11) TMI 1418
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....s a Research Assistant (later redesignated as Assistant Scientific Officer) on 03.01.1990. The recruitment was made in terms of the Central Hindi Directorate (Research Assistant) Recruitment Rules, 1980 [Hereinafter referred to as 'the 1980 Rules']. 3. The 1980 Rules were amended in the year 1993 providing for educational qualifications and experience required for the post of Research Assistant in different subjects including medicine. 4. On 02.12.1994, an advertisement was issued by the Union Public Service Commission for recruitment to the post of Research Assistants (Economics), (Medicine) and (Electronics) in CSTT. The advertisement clearly provided the duties of the post namely: the evolution of terminology, preparation of definitional dictionaries and allied work. 5. The appellants No.2 to 6 joined CSTT as Research Assistants on various dates as detailed below: Sr. No. Name of the Officer/Discipline Date of Joining 2 M.L. Meena (Civil Engg.) 30.11.1995 3 A.N. Selwatkar (Zoology) 01.01.1996 4 Dr. B.K. Singh (Physics) 21.12.1995 5 Deepak Kumar (Comp. Sc.) 28.11.1996 6 S.K. Chaudhary (Eix.Engg.) 06.02.1997 6. On 2....
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....'NPA'). Revision of pay was made w.e.f. 18.01.1999, i.e., the date of his joining. 13. Immediately after passing of the aforesaid order and finding that it may be illegal to grant higher pay-scale to one of the 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. 14 Representations were made by the appellants for grant of the same pay-scale and perquisites as had been granted to the respondent No.4, in view of the fact that they were governed by the same set of Rules and discharging the same duties. As the prayer made by them was not accepted, an Original Application [O.A. No.2443 of 2008] was filed by the appellants before the Tribunal [Central Administrative Tribunal, Principal Bench, New Delhi]. However, the same was permitted to be withdrawn by the Tribunal on 10.08.2009 with liberty to the appellants to file a comprehensive representation before the competent authority. 15. On 04.09.2009 a comprehensive representation was filed by the appel....
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....aras 71.15 to 71.17 thereof. 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 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. 21. 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'. Whereas by the same order, the appellants no.1 to 6 were also assigned duties to prepare separate glossaries i.e. 'workshop practice lab manual'; 'engineering environmental science'; Physics-1; Physics- 2; 'programme of problem solving' and 'basic electrical engineering' respectively. Reference was also made to the order da....
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....t authority. 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 ....
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....cation held by him and the duties being discharged. The matter was examined by the competent authority at different levels. It was granted approval by the Ministry of Finance as well. 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 Rs. 8000- 13500 w.e.f. 18.01.1999. Subsequently, considering the fact that there was some error in the order, a later order was passed by the Directorate on 20.04.2007, in continuation to the earlier order dated 13.12.2006, as a result whereof the post on which the respondent no.4 was working, was declared ex-cadre. It was submitted that grant of a higher pay scale or declaration of a post as ex cadre could be done by way of an executive order which was passed with the approval of the competent authority. Learned counsel further submitted that the post on which the respondent No.4 is working, or the qualification required for the same are not equal to the qualifications required for the other post of Assistant Scientific Officer/Scientific Officer. This was the reason for grant of a higher pay scale to the respondent No.4. 26. In support of her arguments....
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....rectorate, the posts of Research Assistant and Assistant Education Officer in the CSTT were redesignated and upgraded scale of pay was granted. The post of Research Assistant was redesignated as Assistant Scientific Officer with pay scale of Rs.6500-200-10500; Assistant Education Officer was redesignated as Scientific Officer with pay scale of Rs.7500-250-12000. Scales were given effect from 01.01.1996. Vide order dated 13.12.2006, pay scale of Rs.8000-13500 was granted to the Assistant Scientific Officer (Medicine) plus NPA w.e.f. 18.01.1999 as against the existing pay-scale Rs.6500-10500. It was specifically mentioned therein that a degree in ISM&H is an essential qualification for the post of Assistant Scientific Officer (Medicine). As the respondent No.4 was the only Assistant Scientific Officer (Medicine) working in CSTT, a copy thereof was endorsed to him as well. 30. 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 Officer (Medicine) in CSTT which was granted the upgraded pay scale of Rs.8000-13500 plus NPA, will be an ex-cadre....
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.... the appellants submitted that para 52 of the recommendations made by the Commission pertained to the officers possessing a degree in ISM&H and working with the Ministry of Health and Family Welfare on Group 'B' and 'C' posts. Respondent No.4 may have the same qualification, but he was not in the Health Department, practicing as a doctor. She further submitted that before the representation made by the respondent No.4 was accepted, earlier thereto, similar representations made by him were rejected. 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. It was stated that the respondent No.4 is not governed by the (Senior Scientific Officer (Medicine), Commission for Scientific and Technical Terminology, New Delhi, Recruitment Rules, 2014) as those Rules are meant for fresh direct recruitment. Further, the stand was that the Office Memorandum dated 07.07.2017 is not applicable to the respondent No. 4 and therefore, the subsequent order of the Chairman, CSTT dated 26.07.2017 withdrawing NPA granted to the respondent No. 4 was non-....
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....13 13.12.2006 Upgradation of pay was granted to the respondent No. 4. w.e.f. 18.01.1999. The pay scale of the respondent No. 4 was upgraded from 6,500-10,500 to 8,000-13,500 plus NPA. 37.14 17.01.2007 Respondent No. 4 was relieved from the CCRAS, Delhi. 37.15 23.01.2007 Respondent No. 4 joined the CCST as Assistant Scientific Officer (Medicine). 37.16 20.04.2007 Post of Assistant Scientific Officer (Medicine) was declared as an ex cadre post. 37.17 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. 37.18 2008 The representation filed by the appellants was not accepted. OA No. 2443 of 2008 was filed by the appellants seeking direction to the official respondents for grant of the same pay scale, as was granted to the respondent No. 4. 37.19 10.08.2009 The OA filed by the appellants was withdrawn with liberty to them to file a representation competent authority. 37.20 04.09.2009 A comprehensive representation was made by the appellant No. 1. OA No. 874 of 2010 was filed by the appellants. 37.21 04.01.20....
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....nt 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. He came back to his parent department on 23.01.2007, only after the post on which he was working with the CSTT was granted a higher pay scale of Rs.8,000- 13,500, from the date of his appointment. Even the recommendations of the Commission which were relied upon to give a higher pay scale to the respondent No. 4, were not strictly applicable to him. 41. The chain of events which happened thereafter is more interesting. Representations were made by the appellants claiming that the respondent No. 4 having been granted a higher pay scale along with NPA, though not practising as a doctor, they were also entitled to the same as they were appointed on the same post, governed by the same Rules and were discharging the same duties. The nomenclature of the post and the duties were different only with reference to the subjects they were dealing with. Respondent No. 4 had joined the service as a Research Assistant (Medicine) in pursuance of an advertisement issued, defining the qualifications, duties and the scale for the....
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....th were silent regarding career progression. 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 3rd ACP Chief Medical Officer (Selection Grade) Rs.4500-5700 - 2nd ACP Chief Medical Officer Rs.3700-5000 4 yrs. 1st ACP Senior Medical Officer Rs.3000-4500 5 yrs. Entry Medical Officer Rs.2200-4000 4 yrs. Career progression beyond the selection grade will continue to be based on vacancies. Fourth CPC upgraded only those degree holders who were in the scale of Rs.650-1200 (pre-revised). The administrative Ministry has supported the demand for a general upgradation as was done by Third CPC for Allopathic Doctors and Fourth CPC for Veterinarians. As the educational requirement of the post are the same for MBBS doctors, we may recommend that all posts requiring medical practice in ISM&H and a degree in ISM&H as the minimum qualification be placed in the entry scale of Rs.200-4000 and all the pos....
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....continue in the same pay scale and will be given the corresponding replacement scale. 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 post of Assistant Education Officer will also then be redesignated as Scientific Officer. For the grade of Asstt. Director, the method of recruitment should be made 50% by promotion and 50% by direct recruitment. Central Hindi Directorate 71.17 The cadre of research posts in the Central Hindi Directorate needs a similar re-organisation. 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. It is also recommended that the pay scale of General Editor (Hindi) should be revised to Rs.3700- 5000, but it should continue to be filled by direct recruitment. The initial recruitment at Research Assistant level should be made 100% by direct recruitment and those at Research Officer and Deputy Director/Regional Director l....
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....r different subjects including Medicine. Vide order dated 20.07.2000, the Government re-designated the post of Research Assistant to that of Assistant Scientific Officer. As is evident from the notification dated 19.11.1993, the mode of recruitment provided for the post was 75% by way of direct recruitment/transfer and 25% by way of transfer on deputation. There was no other post. 50. Vide order dated 26.08.2013, issued by the Government of India, Ministry of Human Resources Development, the post of Assistant Scientific Officer (Medicine) was re-designated as Senior Scientific Officer (Medicine). Needless to add that the post of Assistant Scientific Officer (Medicine) was still governed by the 1980 Rules, where no designation of Senior Scientific Officer (Medicine) was available. No other set of Rules were referred to as on the date of issuance of the aforesaid order, by which the new post would be governed. 51. The intention of the authorities who went out and out to favour the respondent No. 4 so as to grant him higher pay scale, was now sought to be achieved by notifying a separate set of Rules for him. Two set of Rules were notified on 17.02.2014, namely, Assistant Scient....
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....e) was re-designated as Senior Scientific Officer (Medicine) and thereafter, separate Rules were notified for that post. 54. As has already been noticed in the preceding paragraphs, immediately after joining as a Research Assistant (later on re- designated as Assistant Scientific Officer), the respondent No. 4 started making representations for granting him higher pay scale. However, when his request was not accepted, he went on deputation thrice to different places in the higher pay scale. Finally, his request for grant of higher pay scale was accepted. 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 by the Commission, which were not applicable. The other members of the cadre (appellants) had raised objections to this. 55. Then the case took a new turn. Without there being any amendment in the Rules, firstly the post of Assistant Scientific Officer (Medicine) was declared ex-cadre on 20.04.2007 and secondly, the NPA granted to the respondent No. 4, though he was not practising as a doctor, which was withdrawn on 26.07.2017. Though the appellants had not got....