Delhi High Court
Federation Of All India Icmr ... vs Indian Council Of Medical ... on 24 April, 2017
$~10 + 11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10023/2005 & W.P.(C) 10045/2005
FEDERATION OF ALL INDIA ICMR EMPLOYEES ..... Petitioner
Through : Mr. M.C. Dhingra with
Mr. Piyush Kant Roy, Advocates
versus
INDIAN COUNCIL OF MEDICAL RESEARCH & ORS.
..... Respondents
Through : Mr. Vaibhav Kalra, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
ORDER
% 24.04.2017
1. This order is in continuation of the order dated 15.2.2017, whereby
the respondents were directed to file an additional affidavit in view of the
plea taken by the counsel for the respondents that the exercise in the present
petitions is only academic in nature for the reason that the members of the
petitioner/Association are already getting a basic pay of Rs.50,000/-, which
is higher than the pay scale of Rs.5500-9000/-, as on 2.9.2005. Apart from
the affidavit that the respondents were directed to file, the
petitioner/Association was also directed to file a list of members of the
Association as on the date of filing of the OA and thereafter, the sample
details of Mr. Rohitash Singh, General Secretary of the petitioner/Federation
and one more person, was directed to be filed on affidavit. With these
directions, both the petitions were adjourned to 23.7.2017.
2. In compliance, the respondents filed an affidavit of the Assistant
Director General of the respondent No.1, on 21.3.2017 stating inter alia that
Shri Rohitash Singh is getting his salary in the pay scale of Rs.6500-10500/-
w.e.f. 1.4.1996, which was subsequently upgraded on 1.4.2001, to Rs.8000-
13500/-. A copy of the pay fixation of Shri Rohitash Singh has been
enclosed with the affidavit and marked as Annexure RX-1. The second
example given in the affidavit is of Shri V.N. Prasad. In para 8 of the
affidavit, it has been stated that Shri V.N. Prasad was also granted the pay
scale of Rs.6500-10500/- w.e.f. 1.4.1996 which was subsequently upgraded
to Rs.8000-13500/-, w.e.f. 1.4.1998. A copy of the pay fixation of Shri V.N.
Prasad has been enclosed with the affidavit and marked as Annexure RX-2.
3. It is thus stated by learned counsel for the respondents that the
Research and Statistics Assistants, who are eligible to Merit Based
Assessment Promotion Scheme (MBAPS), have already been granted the
basic pay scale, which is higher than Rs.5500-9000/-, w.e.f. the year 1996.
4. When the present petitions were listed on 23.3.2017, learned counsel
for the petitioner had sought time to file an affidavit in response, but the
same has not been filed till date.
5. Counsel for the petitioner states that it has taken some time for him to
prepare the affidavit and he seeks more time to file the same. The said
request is declined as learned counsel does not deny the correctness of the
averments made by the respondents in the affidavit. He however states that
Shri Rohitash Singh has filed a contempt petition against the respondents,
registered as CONT.CAS(C) No.869/2015, alleging non-compliance of the
orders dated 13.11.2014 and 16.1.2015 passed in WP(C)No.5710/2001,
which is pending consideration before the roster Bench and is next listed on
4.5.2017. He reserves the right of the petitioner in the contempt petition to
pursue the said petition filed for non-compliance of the aforesaid orders.
6. As far as the present petitions are concerned, having regard to the
averments made by the respondents in paras 7 to 9 of the present petitions,
in view of the affidavit filed by the respondent No.1, nothing further
survives for adjudication.
7. Accordingly, the present petitions are disposed of, while granting
liberty to the petitioner in CONT.CAS(C) No.869/2015 to pursue the
contempt petition before the roster Bench.
HIMA KOHLI, J
SANGITA DHINGRA SEHGAL, J
APRIL 24, 2017
sk/ap
