JUDGEMENT
PRADEEP NANDRAJOG,J. -
(1.)AYURVEDIC and Unani Tibbia College Delhi, founded by late Hakim Ajmal Khan was governed by the Tibbia College Act, 1952 and for the
purpose of management of the College, a Board called ,,Tibbia College
Board was constituted as per the Act. The Board framed Rules for
appointment of the faculty members and other employees of the college and
prescribed the service conditions which were published in the Official
Gazette for the first time on September 19, 1961 after they were approved
by the then Chief Commissioner of Delhi and subsequently as and when
amended by the Lt.Governor of Delhi as per Clause-C of Section 16 of the
Tibbia College Act 1952.
(2.)THE Board, with the sanction of the Lt.Governor of Delhi, made applicable pay scales as notified by University Grant Commission for
teaching and non-teaching staff of the Central Universities with effect from
January 01, 1986 and also adopted the various Merit Promotion Schemes
notified by University Grant Commission.
Due to malfunctioning by the Board, on May 01, 1998, the Government of NCT of Delhi superseded the Board and took over the
Management of the College. The Delhi Tibbia College (Takeover) Act,
1998 was simultaneously promulgated and with respect to the staff of the College, Section 7 of the Delhi Tibbia College (Takeover) Act, 1998
stipulated as under:-
"Section-7. Appointment of Employees of the College as employees of the Government as a part of the initial constitution: Where the service of a person, who has been immediately before the appointed date employed in the college, are, in the opinion of the government necessary having regard to the requirement of the college, he shall become from the date of his appointment by the government an employee of the government and shall hold office or service in the government with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such college had not been transferred to and vested in the government and continued to do so unless and until his employment in the college is duly terminated or until his remuneration and the terms and conditions of the employment are duly altered by the government. Provided that such employees shall, in themselves, constitute a separate class and group of employees of the government and shall not be equated to or merged with the other employees of the government."
(3.)VARIOUS employees of the College had a grievance pertaining to the implementation of the revised pay scales as recommended by the 5th Central
Pay Commission and they approached the Central Administrative Tribunal
vide O.A.No.2688/2003 praying :-
"(A) That the respondents be directed to declare that the petitioners have been appointed in the Government. (B) The respondents be directed to release all the arrears of the petitioners based on the revision of pay scales of petitioners in line of Vth Central Pay Commission recommendations from 01.01.1996 onwards along with interest at the rate of 10 percent per annum. (C) The respondents be directed to count the past service of the petitioners in A&U Tibbia College as service in the Government for pensionary benefits. (D) The respondents be directed that no approval of the UPSC is required in the case of petitioners who were appointed under the regulations framed under law. (E) To treat the promotion of the petitioners made under Merit Promotion Scheme notified in 1996 in Situ and Personal to the individual teachers promoted and without linkage to the vacancies or to create posts retrospectively from 01.12.1996 i.e. the date on which they were promoted necessary to accommodate the petitioners. (F) To direct that the petitioners are entitled to pension as per UGC norms i.e. the college under UGC are entitled to pensionery benefits as per CCS Pension Rules and that the same rules shall apply to the petitioners. (G) All the teachers may be allowed to be paid monthly pay and allowances in the existing scales pending their formal appointment in the Government. (H) From that date of the take-over of the college, the staff of A&U Tibbia College may be given pay and allowances and all other benefits as per Rules and Regulations applicable to Government employees."
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