SAGHEER AHMED SIDDIQUI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by Assistant Research Officers working with respondent No. 2. The grievance of the petitioner is that they have been denied the scales of pay recommended by 5th Pay Commission. During the pendency of the writ petition, respondent No. 1/UOI issued letter dated 2.8.2002, conveying the approval of the Competent Authority to the upgradation of the scale of Asstt. Research Officers (Unani) in the Central Council for Research in Unani Medicine and Asstt. Research Officers (Homoes) in Central Council for Research in Homoeopathy from the existing scale of Rs. 6500-10,500/- to Rs.8000-13,500/-. It was also stated in the said letter that revision of pay scale will be effective from the date of issue of this Order and pay fixation in the revised scale may be implemented as per rules. My attention has been drawn to Bye-law 44 of Central Council for Research in Unani Medicine which is to the following effect:

(2.) Another bye-law which is important to note is Bye-law 47. The same is to the following effect:

(3.) Another contention which has been raised before me by the Counsel for the petitioners is that petitioner's are entitled to career advancement scheme and in similar circumstances a writ petition being C.W. 4379/2001 was filed in this Court by C.C.R.H. Scientists Welfare Association where a direction was issued on 10.10.2002 to respondent No. 1/UOI that respondent No. 1 should take decision.