MANJU VATSA Vs. DIRECTOR AIIIMS

JUDGEMENT

(1.) THE petitioner is employed as Principal in the College of Nursing, All india Institute of Medical Sciences since April, 1992. She, in this writ petition, is aggrieved by the impugned orders dated 31. 03. 2006 and 09. 07. 2006 passed by the respondents granting her the benefit of upgraded/revised pay scales in terms of recommendations of the Fifth Pay Commission w. e. f. 21. 05. 2005 instead of 01. 01. 1996. She has prayed for quashing of the impugned orders dated 31. 03. 2006 and 09. 07. 2006 and also for directions to the respondents to fix her pay in the upgraded/revised pay scale of Rs. 14,300-18,300/- w. e. f. 01. 01. 1996.

(2.) THIS writ petition is opposed by the respondents inter-alia on the ground that the benefit of Fifth Pay Commission w. e. f. 01. 01. 1996 cannot be granted to the petitioner because the Fifth Pay Commission has not made specific recommendations for granting the benefit of its recommendations to the post of principal, Nursing College, AIIMS. The contention of the respondents is that the benefit of recommendations of the Fifth Pay Commission w. e. f. 01. 01. 1996 can be given only to those "who "were "specifically "recommended "in "the report for grant of such "recommendations. "the "respondents, however, "have not denied grant of benefit of the Fifth Pay Commission to the petitioner w. e. f. 21. 05. 2005.

(3.) IT is not disputed that the petitioner on the date the recommendations of the Fifth Central Pay Commission were implemented i. e. 01. 01. 1996, she was working as Principal in the College of Nursing in AIIMS. As per Regulation 35 of the AIIMS Regulations, 1999, the pay and allowances of the Central Government employees of a similar status are granted to the employees of the Institute also. The case of the petitioner is that there is only one nursing college under the Government i. e. Raj Kumari Amrit Kaur, College of Nursing, New Delhi and respondent No. 2 (Ministry of Health, Government of India) itself has granted the benefit of upgraded/revised pay scales of Rs. 14,300-18,300/- to the post of principal in Raj Kumari Amrit Kaur, College of Nursing, New Delhi w. e. f. 01. 01. 1996. The order dated 31. 07. 2000/03. 08. 2000 granting benefit of upgraded/revised pay scales in terms of the recommendations of the Fifth Pay commission to the Principal, Raj Kumari Amrit Kaur, College of Nursing, New delhi is Annexure A-2 at page 14 of the paper book. Right from the date the recommendations of the Fifth Central Pay Commission were implemented and were made applicable to the employees of the AIIMS in terms of the Regulation 35 of the AIIMS Regulation, 1999, the petitioner "had "been making representation after representation to the Director, AIIMS and also to the Ministry of Health, government of India that she should not be discriminated in the matter of grant of benefit of revised/upgraded pay scales in terms of the recommendations of the fifth Pay Commission to her as the said benefit has already been granted to the principal, Raj Kumari Amrit Kaur, College of Nursing, New Delhi w. e. f. 01. 01. 1996. Since concerned authorities of the respondents did not pay heed to the representations made by the petitioner, the petitioner had no option but to knock the doors of the Court to redress her grievance in the matter of grant of benefit of recommendations of the Fifth Pay Commission to her also w. e. f. 01. 01. 1996 as it has been granted to the post of Principal, Raj Kumari Amrit kaur, College of Nursing, New Delhi. The petitioner has termed the action of the respondents as arbitrary and discriminatory.