VIVEKANAND JHA Vs. INDIAN COUNCIL OF HISTORICAL RESEARCH

JUDGEMENT

(1.) IT is 2.55 P.M. In spite of waiting for the petitioners for over half an hour no one appears. This case is effective item No.2 on the Regular Board. I have therefore heard the counsel for the respondent No.2 and perused the record. I am accordingly proceeding to dispose of the appeal.

(2.) BY this writ petition, the petitioners seek appropriate writs or directions for quashing of the office order No.237 dated 24.4.1997 revising downwards the pay scales and pensionary benefits of the petitioners. Petitioners also pray for implementation of the Fifth Pay Commission Report and seek equality with staff of the University.

(3.) ON behalf of the respondents, the defence raised is that there cannot take place increase of pay scales where posts have salaries of more than Rs.2,000/- per month because increase of salary would amount to creation of posts because like in creation of posts, so too in pay scale enhancements, there is a huge financial outgo. Reliance for this purpose is placed upon Regulation 25(b)(iii) proviso of the regulations of respondent No.1 and the same reads as under:-