Indian Council of Medical Research and Anr v. Jyoti and Anr

BADAR DURREZ AHMED, J

V.K.JAIN, J JANUARY 03,2012 'sn'

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on 03.01.2012 + W.P.(C)1894/2011 INDIAN COUNCIL OF MEDICAL RESEARCH AND ANR. ..... Petitioners versus JYOTI AND ANR. ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Ravi Sikri For Respondent : None. CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE V.K.JAIN BADAR DURREZ AHMED (ORAL) 1. This Writ Petition has been filed by the Indian Council of Medical Research inasmuch as they are aggrieved by the order dated 24.01.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as "the said Tribunal") in OA No.1629/2010. The petitioners have prayed for quashing of the impugned order. 2. By virtue of the impugned order dated 24.01.2011, the said Tribunal had directed as under:- "15.In the light of the aforementioned discussion, we allow this O.A. invalidate order dated 05/08.04.2010(Annexure-A) and require the Competent Authority to grant approval for the third post of LDC aforementioned w.e.f. 23.01.2006. In the light thereof, the Applicant shall also be entitled to the fixture of her pay w.e.f. 06.09.2006. The actual disbursement of the monetary benefits must come about within one month from today." 3. The said OA 1629/2010 was filed by the respondent Mrs Jyoti being aggrieved by the Memorandum dated 5/8.04.2010 whereby the Director, Institute of Pathology(Indian Council of Medical Research), Safdarjung Hospital Campus, New Delhi, disposed of the representation made by Mrs Jyoti in the following terms:- "AND WHEREAS the undersigned had considered the aforesaid facts and after perusing the relevant record and after considering the same, it is held as under:- 1) OA No.351/2008 filed by Mrs. Jyoti was disposed by the Ld. Tribunal directing the Ministry of Health & FW either to accord approval for filling up the third post of LDC on the basis of the selection qualified by the applicant or in turn to restore her promotion order on 23.01.2006 and pay fixation on 06.09.2006 with all consequences within a period of two months from the date of receipt of the copy of this order. 2) The order of the Ld. Tribunal in OA No.351/2008 gives option to the Ministry either to accord approval for filling up the third post of LDC or restore the promotion of Mrs. Jyoti as ordered on 23.01.2006 and pay fixation on 06.09.2006 with all consequences. 3) It was decided by the Competent Authority that in Defence to the orders of the Ld. Tribunal, approval for filling the post of LDC be accorded and accordingly Mrs. Jyoti was appointed to the post of LDC vide Memorandum dated 03.03.2009 in the pay band of Rs.5200- 20200 with grade pay of Rs.1900/-. In other words, the Competent Authority decided to follow the option No.1 given by the Ld. Tribunal in its order while disposing of the OA 351/2008. 4) The order dated 10.09.2008 in OA 351/2008 has attained finality in as much as Mrs. Jyoti has not preferred any appeal before the higher forum; rather she has filed an MA No.446/2009 wherein the Ld. Tribunal has held that since compliance of one of the options given as per the directions in OA No.351/2008 has already been done, the option to restore the promotion of Mrs. Jyoti with effect from 06.09.2006 has become redundant. This order of the Ld. Tribunal in MA No.446/2009 clearly established that according of approval for filling up the third post of LDC was to be prospective from the date the same has been given to Mrs. Jyoti. 5) The issue having attained finality in terms of the order dated 10.09.2008 in OA 351/2008, Mrs. Jyoti who has in para 8(a) of the OA No.1967/2009 has prayed for giving consequential benefits such as arrears of pay in view of the memorandum dated 06.09.2006 and the pay be fixed at Rs.3275/- per month with allowances in the pay scale of Rs.3050-75-80-4590 with effect from 23.01.2006 is not tenable as she was appointed as LDC vide memorandum dated 03.03.2009 only. The present order is a sp