POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH Vs. DRIVERS WELFARE ASSOCIATION, POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of certiorari to quash and set aside the order dated 12.11.2010 (Annexure P-6) passed by the leaned Central Administrative Tribunal, Chandigarh Bench, Chandigarh (herein-after called the 'Tribunal').

(2.) The brief facts of the case are that petitioner Post Graduate Institute of Medical Education and Research (in short 'PGIMER') is a statutory authority constituted under the Post Graduate Institute of Medical Education and Research Chandigarh Act, 1966 (hereinafter referred to as 'the Act'). The tenure, salaries and service condition etc. of the employees of the petitioner Institute are regulated and governed by the provisions of the Act and the rules and regulations framed thereunder.

(3.) Respondent No.1 approached the petitioner for implementation of the new Revised Promotion Scheme of 2001 and demanded that same be implemented to the Staff Car Drivers of PGIMER w.e.f. the same date as has been implemented for the Central Government Staff Car Drivers. The Standing Finance Committee of the petitioner in its meeting held on 02.04.2005 approved the new Revised Promotion Scheme for the Staff Car Drivers and the matter was forwarded to the Government of India, since the Government of India contributes to the major part of the budget of the petitioner Institute. Vide letter dated 15.06.2007 the petitioner Institute was informed by the Ministry of Health and Family Welfare that Ministry of Finance has agreed to the implementation of Revised Promotion Scheme but with prospective effect. The petitioner Institute issued the order dated 14.07.2007 for implementing the scheme with prospective effect. This action of the petitioner Institute was challenged by the respondents before the learned Tribunal vide Original Application No.360-CH of 2009. The petitioner Institute contested the claim of the respondents by filing the detailed reply. It is pleaded that learned Tribunal without appreciating the position of law and facts allowed the said Original Application vide impugned order dated 12.11.2010. The said order passed by the Tribunal is illegal and arbitrary. Hence, this petition.