LAWS(MPH)-1999-7-9

STATE OF M P Vs. PURUSHOTTAM DWIVEDI

Decided On July 01, 1999
STATE OF MADHYA PRADESH Appellant
V/S
PURUSHOTTAM DWIVEDI Respondents

JUDGEMENT

(1.) THE above Writ Petitions challenge the common order dated 7-05-1997 passed by the Madhya Pradesh Administrative Tribunal in the Transferred Application No. 519/88 (Chhoteylal Sharma v. Director, Bharatiya Chikilsa Paddhati Avam Homeopathy, Bhopal and Ors.) and the connected petitions, by which the Tribunal has directed the review of the absorption of the applicants before the Tribunal in accordance with the directions/guidelines laid down by the Tribunal.

(2.) THE facts aptly narrated by the Tribunal and not disputed before us read thus:-

(3.) THE applicants before the Tribunal challenged the action of the Respondents in not absorbing them on the post of Ayurved Chikitsa Adhikari on the ground that they were drawing pay in the higher scale of pay of the Ayurved Chikitsa Adhikari prior to the absorption and their absorption on the lower post had led to the reduction in their pay. The Government contested the claim on the ground that the principle on which the Screening Committee had considered the absorption of the Vaidyas was the qualification possessed by the concerned Vaidya and such of them as were holding the Degree in terms of the Government Order of 1975 and were eligible for appointment were absorbed on the post of Ayurved Chikitsa Adhikari and the remaining as Ayurved Sahayak Chikitsa Adhikari.