JUDGEMENT
Hansaria, J. -
(1.)The petitioner are members of the teaching specialist sub-cadre of the Central Health Service under the Ministry of Health and Family Welfare. They are engaged in teaching and doing clinical work in Lady Harding Medical College and associate hospitals at New Delhi. Their grievances are that the Tikoo Committee Report which recommended that the teaching specialists should be placed in the grade of Rs. 4,500-5,700/- after four years of the granting of the scale of Rs. 3,700-5,000/- and distinction between the functional grade and non-functional grade may be done away with and promotion be made to the grade of Rs. 4,500-5,700/- on a time bound basis on completion of 8 years as specialists have not been implemented from the date of the submission of the report (31-10-1990), but from 1-12-1991, which date according to the petitioners is arbitrary and would have adverse effect on seniority of some. The stand of the Ministry, however, is that as the Office Memorandum could be issued only on November 14,1991 incorporating the decisions of the Government relating to the various recommendations of the committee, the benefit was made available from the first day of the ensuing month i.e. December, 1991.
(2.)Dr. Singhvi learned counsel appearing for the petitioners strenuously contended that the delay in implementing the recommendation has not only deprived the petitioners of the financial benefit, but has also affected their seniority inasmuch as the higher scale of Rs. 4,500-5,700/- is meant for Professors; and so if that would have been given from 31-10-1990 the petitioner would have been deemed to have become Professors from that date. The postponing of the date to 1-12-1991 has thus postponed the date of acquiring the status of Professor by the petitioners, all of whom were earlier to that date, holding the post of Associate Professor. It is contended that the scale of Rs. 4,500-5,700/- being meant only for Professors and the Tikoo Committee having recommended to do away with the distinction between the functional grade and non-functional grade and having also recommended for promotion to the grade of Rs. 4,500-5,700/- on the completion of 4 years of service for which period petitioners had served by 31-10-1991 has injuriously affected the petitioners both in terms of money and service prospect. This being for no goods reason, the decision to make available the aforesaid pay from 1-12-1991 has to be regarded as arbitrary.
(3.)Shri Goswami, learned counsel appearing for the Ministry of Health, contends that as the recommendations of the Tikoo Committee had even to be considered by the Union Cabinet, the time lag has to be regarded as justified and the benefit having been made available from the first day of the next month in which the Office Memorandum spelling out the decisions of the Government was issued, the petitioners aforesaid two grievances have no merit. It has also been submitted that the petitioners grievance qua their seniority cannot be heard in this petition inasmuch as those who would be adversely affected, if the case of the petitioners were to be accepted are not before the Court.
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