Patna High Court
The Union Of India And Ors vs Hakim Mrs. Najmus Sehar on 4 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22304 of 2018
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1. The Union Of India through the Secretary, Ministry of AYUSH, Government
of India, AYUSH Bhawan, B- Block, GPO Comples, INA, New Delhi-
110023
2. The Director General, Central Council for Research in Unani Medical
C.C.R.U.M.,under Ministry of AYUSH, Government of India, JLNBCHA
Bhawan, 61-65, Institutional Area, Opposite D-Block, Janakpur, New Delhi-
110058.
3. The Deputy Director, Regional Research Institute of Unani Medicine under
Central Council for Research in Unani Medicine, (CCRUM), Guzri Bazar,
Patna City, Patna, Bihar-800008.
4. The Assistant Director (Admn) Office of the Director General, Central
Council for Research in Unani Medicine (CCRUM) Ministry of AYUSH,
Government of India, JLNBCHA Bhawan, 61-65, Institutional Area,
Opposite D-Block, Janakpur, New Delhi-110058.
5. The Administrative Officer, Central Council of Research in Unani Medicine
(CCRUM) Ministry of AYUSH, Government of India, JLNBCHA Bhawan,
61-65, Institutional Area, Opposite D-Block, Janakpur, New Delhi-110058.
... ... Petitioner/s
Versus
Hakim (Mrs.) Najmus Sehar Wife of Sri Azam Siddiqui, Research Officer
Unani, SL-III, Regional Research Institute of Unani Medicine, under Central
Council for Research in Unani Medicine, (CCRUM), Guzri Bazar, Patna City,
Patna, Bihar-800008.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sujeet Kumar Sinha, Advocate
For the Respondent/s : Mr. Munna Pd Dixit, Advocate
Mr. S. K. Dixit, Advocate
Mr. S. K. Choubey, Advocate
Ms. Swastika, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 04-02-2023
The instant writ petition is filed by the Union of India-
Department. They are aggrieved by the order of the Central
Patna High Court CWJC No.22304 of 2018 dt.04-02-2023
Administrative Tribunal, Patna Bench, Patna (for short 'CAT')
dated 28.03.2018 passed in O.A./050/00817/2016. Respondent
was denied benefit of pension under Old Pension Scheme,
therefore, she has invoked remedy before the CAT. The CAT
allowed her O.A. in her favour, stating that respondent is entitled
to Old Pension Scheme and not New Pension Scheme in the light
of the various factual aspects of the matter.
02. We have perused the advertisement dated
02.03.1996 to the post of Assistant Research Officer (Unani). In
the advertisement, 07 posts were advertised. Among 07 posts, 02
posts were reserved for SC, 02 posts were reserved for ST and 03
posts were earmarked for unreserved category. Pay scale of the
post of Assistant Research Officer (Unani) has been shown at Rs.
2000-3500/-. Pursuant to the aforesaid advertisement, Respondent
was selected and appointed on 19.11.1996 vide Office Order No.
112 /1996 dated 19.12.1996, which reads as under:-
"On the recommendations of the
Selection Committee Director, Central Council for
Research in Unani Medicine New Delhi, is pleased
to appoint Hakim Miss. Nejums Sehar as Assistant
Research Officer (Unani) in the pay scale of Rs.
2000-60-2300-EB-75-3200-100-3500 w.e.f.
26.7.96 (F.N.) against the reserved post on purely
adhoc basis till further order in Regional Research
Institute of Unani Medicine, Pata or till a
regularly selected candidate joins the post,
whichever is earlier.
She will draw an initial pay @ Rs.
Patna High Court CWJC No.22304 of 2018 dt.04-02-2023
2000/-p.m. + N.P.A. in the scale of Rs. 2000-60-
2300-EB-75-3200-100-3500 with usual allowance
as admissible under the rules.
Hakim Miss. Nejums Sehar has
medically been examined by the Standing Medical
Board, Patna and found fit.
Sd/-
(Athar Ali)
Administrative Officer
For Director
To,
1. Hkm. Mrs. Nejums Sehar, ARO (U), RRIUM,
Patna.
2. The Officer Incharge, RRIUM, Patna.
3. The Accounts Officer, CCRUM, New Delhi.
4. P.A. to Director.
5. Service Book (Maintained in the Institute).
6. Office order file."
03. Perusal of the aforesaid order of appointment, it is
crystal clear that Respondent was appointed against regular post as
she had been extended pay scale attached to the post of Assistant
Research Officer (Unani) at Rs. 2000-3500/- with effect from
26.07.1996. Thereafter, one of the respondent passed order on
28.12.2004, as if petitioner was appointed on Ad-hoc basis and her
services has been regularized with effect from 03.02.2004,
ignoring the fact that respondent was selected and appointed by
virtue of advertisement issued on 02.03.1996 and she was
appointed on 19.11.1996. It is to be noted that advertisement or
appointment does not stipulate that selection and appointment to
the post of Assistant Research Officer (Unani) is on Ad-hoc basis,
Patna High Court CWJC No.22304 of 2018 dt.04-02-2023
so as to regularize the services of the Respondent on 28.12.2004,
with reference to her initial appointment on 19.11.1996. At this
stage, it is to be noted that Respondent had been extended not only
pay scale but she has also been extended increment from time to
time till date. In the light of these facts and circumstances, the
contention of the petitioner cannot be appreciated that respondent
was appointed on Ad-hoc basis and her services was regularized
vide order dated 28.12.2004 with effect from 03.02.2004,
therefore, she is not entitled to pensionary benefit with reference to
Old Pension Scheme and she is entitled to New Pension Scheme.
04. Accordingly, writ petition filed by the Union of
India-Department is hereby rejected while affirming the order of
the CAT dated 28.03.2018 passed in O.A./050/00817/2016.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
Ashish/Daya/-
AFR/NAFR
CAV DATE NA
Uploading Date 09.02.2023
Transmission Date
