RAM TIRTH AGRAWAL Vs. ALL INDIA INSTITUTE OF MEDICAL SCIENCES, THROUGH ITS DIRECTOR, ANSARI NAGAR, NEW DELHI

JUDGEMENT

(1.) The applicant, a physically handicapped person and having retired from the service of All India Institute of Medical Sciences (for short AIIMS), respondent no.1, as a Social Psychologist in July, 2006, has filed this Application under Section 19 of the Administrative Tribunals Act, 1985, praying for the following reliefs: - a) Pass appropriate order and/or direction directing the Respondents to declare and ascertain the eligibility of the up gradation of pension of Petitioner/Applicant at par with other similar situated employees employed in other Institutions and further directing the Respondents to release all the dues/arrears of the Petitioner with all basic and consequential benefits since the date of his eligibility for the said claims of up -gradation. b) Pass such other or further order(s) as this Honble Tribunal may deem fit and proper under the present facts and circumstances of the case in favour of the Petitioner/Applicant.

(2.) The applicant joined the services of Respondent no.1 as Medical Social Worker in November, 1970. In due course, he was promoted as Social Psychologist in 1979 in the pay scale of Rs.550 -900 and had been working as such since then. In spite of being physically challenged the performance of the applicant was quite commendable and he was awarded National Award from the Ministry of Health and Family Welfare, respondent no.2 herein, in public recognition of his outstanding performance as the most efficient employee in the category of orthopedically handicapped. On 5.12.1983, he made a representation to the President of the AIIMS requesting for grant of higher pay scale of Rs.840 -1200 for the reason that this scale was given to other Social Psychologist working in Gyane Department of the AIIMS. He even pursued the matter through the Deputy Chief Commissioner, Office of the Chief Commissioner for Persons with Disabilities as well as the Delhi Legal Services Authority. The copies of the correspondence with these authorities as annexed with the Application reveal that the Standing Finance Committee and Governing Body of the Institute approved the proposal subject to the approval of the Ministry of Finance, Department of Expenditure. When the matter was so taken up for necessary approval of the Ministry of Finance, Department of Expenditure, that Ministry communicated vide their letter No.V.16020/64/2003 -ME.I dated 8.4.2005 that the proposal for upward revision of pay scale of Social Psychologist in the AIIMS from Rs.5500 -9000 to Rs.8000 -13500 had been considered but the same had not been approved. It is further seen that the Administrative Ministry, i.e., Ministry of Health and Family Welfare had proceeded to obtain information with regard to qualifications and experience of other institutes/departments i.e. IHBAS and NIMHANS for comparing and asked for copies of RRs and pay scales for the post of Social Psychologist or its identical posts. Even similar information with regard to Yoga Instructor and Assistant Officer Yoga had also been obtained in the process. Even after his retirement, the applicant kept on pursuing the matter and made a number of representations to the authorities concerned and also made various references under RTI for obtaining information thereunder.

(3.) The Application is accompanied with MA 340/2012 seeking condonation of delay in filing the Application wherein it has been stated that the applicant could not file the Application in time as his wife was suffering from cancer and unfortunately died on 3.6.2011 and after completing the post death formalities, he has started pursuing this case in January, 2012 filed two OAs, namely, OA NO.155/2012 and OA No.295/2012 before filing this Application, the circumstances in which the earlier two OAs were disposed of are stated in this Application. Though the copies of the orders passed in the aforesaid OAs are annexed, yet the applicant made an incorrect declaration in Para 7 of this Application that no Application had been previously filed regarding subject matter of this Application. The reliefs sought in the earlier two OAs filed by the applicant herein are identical with the one which is being claimed in this Application. For better appreciation of this aspect of the matter, it is necessary to cull out the reliefs claimed in the earlier OAs and orders passed therein. In OA No.155/2012, the following reliefs were claimed by the applicant: - a) Pass appropriate order and/or direction directing the Respondents to declare and ascertain the eligibility of the up gradation of pay scale of Petitioner/Applicant at par with other similar situated employees employed in other Institutions and further directing the Respondents to release all the dues/arrears of the Petitioner with all basic and consequential benefits since the date of his eligibility for the said claims of up -gradation of pay scale; b) Pass such other or further order(s) as this Honble Tribunal may deem fit and proper under the present facts and circumstances of the case in favour of the Petitioner/Applicant. The said OA was disposed of by the Division Bench of this Tribunal vide order dated 16.1.2012 as follows: - Counsel for the applicant seeks permission to withdraw this OA with liberty to file a better OA. Accordingly, this OA is dismissed as withdrawn with liberty aforesaid. The applicant then filed OA No.295/2012 praying for the following reliefs: - a) Pass appropriate order and/or direction directing the Respondents to declare and ascertain the eligibility of the up gradation of pension of Petitioner/Applicant at par with other similar situated employees employed in other Institutions and further directing the Respondents to release all the dues/arrears of the Petitioner with all basic and consequential benefits since the date of his eligibility for the said claims of up -gradation. b) Pass such other or further order(s) as this Honble Tribunal may deem fit and proper under the present facts and circumstances of the case in favour of the Petitioner/Applicant. The said Application was disposed of by me earlier vide order dated 30.1.2012, which reads as follows: - After arguing for some time, the applicants counsel seeks to withdraw this Application. The Application is dismissed as withdrawn.