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Judgment
Ajay Kumar Mittal, CJ
The respondents are serving as Lecturers in the College of Nursing, NEIGRIHMS and claimed that they were entitled to the academic allowance i.e. Rs. 10,000/- per month w.e.f. 01.09.2008 alongside medical faculties of NEIGRIHMS at par with the Medical faculties of AIIMS, New Delhi.
The petitioners herein having denied the claim of academic allowance to the respondents-lecturers had approached the Central Administrative Tribunal, Guwahati Bench (for short "CAT") seeking payment of academic allowance @Rs. 10,000/- per month w.e.f. 01.09.2008 on the recommendation of Standing Finance Committee (for short "SFS"). It was claimed that the academic allowance was being paid to the Medical faculties since beginning however, same was denied to the respondents-applicants.
The Tribunal vide order dated 01.06.2018 accepted the prayer made by the respondents-applicants and allowed the Original Application filed by them.
Being aggrieved, the Union of India has approached this Court under Article 226 of the Constitution of India.
We have heard learned counsel for the parties.
The Tribunal while accepting the plea of the respondents noticed that the definition of "Members of teaching faculty" as contained in Bye- Law 2(j) included all teaching faculties of the Institute including the Lecturers of the Nursing Council as well. For facilitate of reference, Bye- Law 2(j) reads thus:-
"2(j) "Members of teaching faculty" means the Professor, Associate Professor, Assistant Professor, Lecturer and such other employees of the Institute as may be declared to be a member of the teaching faculty by the Council."
The aforesaid Bye-Law clearly and unambiguously stipulates that "Members of teaching faculty" shall mean the Professor, Associate Professor, Assistant Professor, Lecturer and such other employees of the Institute having been declared to be a member of the teaching faculty by the Council. In such circumstances, the Tribunal had held that the action of the petitioners in declining the claim of payment of academic allowance @Rs. 10,000/- P.M. to the respondents w.e.f. 01.09.2008 who were serving as Lecturers in the College of Nursing, NEIGRIHMS‟ was unjustified.
The Tribunal while accepting the claim of the applicants-respondents had recorded in para 3 as under:-
"3. The definition of "Members of teaching faculty" in Bye-Law 2(j) of the NEIGRIHMS Bye-Laws includes all teaching faculties of the Institute including the Lecturers of the Nursing College. Said Bye-Law 2(j) is extracted below:-
"2(j) "Members of teaching faculty" means the Professor, Associate Professor, Assistant Professor, Lecturer and such other employees of the Institute as may be declared to be a member of the teaching faculty by the Council."
In view of the clear definition, referred to and extracted above, I do not find any reason in SFC‟s recommendation to refer the matter of payment of academic allowance to the faculties of Nursing College to the Health Ministry for examination inasmuch as said academic allowance have been granted to the medical faculties taking decision at the level of SFC. Also even otherwise, admittedly, the said allowance is already being paid to medical faculties. As such, denying of the same to the faculties of Nursing College, in view of the clear and unambiguous definition, is discriminatory."
Learned counsel for the petitioners was unable to demonstrate that there was any error in the approach of the Tribunal warranting interference in exercise of writ jurisdiction under Article 226 of the Constitution. Finding no merit, the writ petition is dismissed.
At this stage, learned counsel for the petitioners submitted that time for compliance of the order passed by CAT be extended and assured the Court that needful shall be done on or before 30.11.2019. Learned counsel for the applicants-respondents did not raise any objection to the aforesaid request. Accordingly, the time for compliance of the order is extended upto 30.11.2019.