NISHA SHARMA Vs. NATIONAL INSTITUTE OF PHARMACEUTICAL EDUCATION

JUDGEMENT

(1.) Petitioners herein, who are the employees of National Institute of Pharmaceutical Education and Research (for short, "the respondent- Institute"), are aggrieved of order dtd. 11/2/2014 (Annexure P/13) passed by the Director of the Institute, respondent no.2, whereby implementation of Part-B of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008 (for short, "the 2008 Rules") and Central Secretariat Service Rules was stayed by superseding the decision taken by the Board of Governors of NIPER in its 56th meeting held on 29/3/2012.

(2.) As per the petitioners, NIPER, respondent No. 1 - Institute is creation of Statute and is an autonomous body under the aegis of the Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, Government of India. Petitioners No.1 to 5 are employed against the post of Stenographer Grade-C, whereas petitioner No. 6 is currently employed as Stenographer Grade-B and petitioners No. 7 and 8 are employed as Assistant Grade-I in the respondent-Institute. Government of India vide Memo No. F.No. 1/1/2008-IC dtd. 30/8/2008 had notified the implementation of the recommendations of 6th Central Pay Commission. Pursuant thereto, Board of Governors of the respondent-Institute approved the recommendations of 14th Finance Committee meeting held on 3/11/2008. As per the recommendations of 6th Central Pay Commission to the employees of autonomous organizations. Subsequently, Ministry of Finance, Government of India vide Memo dtd. 7/10/2008 extended Part-B of the First Schedule of 2008 Rules to the employees of autonomous bodies. In the light of that, the matter was considered by the Finance Committee, Statutory Committee of respondent-Institute and the recommendations were made by the Finance Committee for revision of pay scales w.e.f. 1/1/2006. The recommendations made by the Finance Committee of respondent-Institute were discussed in 56th meeting of Board of Governors held on 29/3/2012 and the recommendations of the Finance Committee were accepted. Subsequently, the Revised Personal Promotion Scheme was also approved by the Board of Governors in its 59th meeting held on 23/3/2013 and communication was issued on 20/8/2013 (Annexure P/11) by respondent-Institute.

(3.) Despite the approval having been obtained from the Board of Governors, respondent No.2 without having any authority under the statutory provisions of National Institute of Pharmaceutical Education and Research Act, 1998 (for short, "the Act") and during the currency of the tenure of the Board of Governors, illegally proceeded to pass the impugned order dtd. 11/2/2014 (Annexure P/13) thereby directing suspension of implementation of Part-B of the 6th Central Pay Commission. The said order lacks jurisdiction and the same has been passed in gross disregard and violation of the provisions of the Act and the Statute framed thereunder and the same be declared as illegal.