ORDER

Per : Hon’ble Mr Justice Rameshwar Vyas

1.The applicant who appointed as Assistant Professor (Nursing) vide offer of appointment dated in the Pay Band-3 (Rs 15,600-39,100) [hereinafter referred to as PB-3] subject to minimum pay of Rs 30,000 and AGP of Rs 8000 + NPA and other allowances as admissible to the Central Government Employees, has preferred this OA when his prayer to allow him salary as per above appointment letter was not acceded to.

2. The facts necessary to adjudicate this OA are as under:-

2.1 Ministry of Health & Family Welfare [hereinafter referred to as MoH&FW] vide Advertisement dated 28.12.2011 (Annex. A/1) invited applications for various faculties position inter-alia one post of Assistant Professor (Nursing) in each of the six new All India Institute of Medical Sciences [hereinafter referred to as AIIMS] being established at Rishikesh, Bhopal, Jodhpur, Patna, Raipur and Bhubaneshwar under Pradhan Mantri Swasthya Suraksha Yojana [hereinafter referred to as PMSSY]. As per the Advertisement, the pay of the Assistant Professor (Nursing) is in PB-3 with Grade Pay of Rs 8000 with a minimum of Rs 30,000/- + NPA (NPA for medically qualified candidates only) with provision to move to PB-4 [37400-67000] after three years with Grade Pay of Rs 8700/-.

2.2 The applicant having degree of M.Sc. (Nursing) having more than 03 years of teaching experience after qualifying the degree, participated in the selection process. After examination of the recommendations of the selection board and getting approval of selection of candidates to various faculty positions from MoH&FW, the names of selected candidates were published vide communication dated 31.01.2013 (Annex. A/3). The applicant was selected as Assistant Professor (Nursing) AIIMS, Jodhpur. In furtherance of the selection process, offer of appointment to the post of Assistant Professor (Nursing) at AIIMS, Jodhpur was issued to the applicant vide communication dated 09.02.2013 (Annex. A/4) wherein offer was made to appoint him to the post of Assistant Professor (Nursing) in PB-3 subject to a minimum pay of Rs 30,000 and AGP of Rs 8000 + NPA and other allowances as admissible to Central Government employees of his status subject to terms and conditions in the above offer of appointment. Pursuant to the above offer of appointment, the applicant joined AIIMS, Jodhpur on 09.02.2013. However, he was allowed to join the post in PB-3 with minimum pay of Rs 18,750/- plus academic grade pay of Rs 6600/- in PB-3.

2.3 It is the case of the applicant that the respondents failed to communicate any order indicating lowering down of the grade pay contrary to the grade pay advertised for the post. All efforts to get the grade pay as per the advertisement were not responded to. The applicant raised grievance vide representation dated 13.03.2014 (Annex. A/6) asking for payment of salary for the post in consonance with the Advertisement. When the same was not responded, reminder was submitted on 27.05.2014 (Annex. A/7) alongwith all documents. Apart from representing the cause in writing, he verbally raised the grievance on various occasions to which it was responded that after having received the clarification as sought, he will be allowed the salary as per Advertismeent.

2.4 It is pertinent to note that vide communication dated 12.02.2013 (Annex. R/1), the Director of each of six newly established AIIMS wrote a letter to the Joint Secretary (PMSSY), MoH&FW, New Delhi to the following effect :

“It may kindly be noted that there is no post of Professor or Assistant Professor of Nursing sanctioned in AIIMS Delhi. However, post of Professor and Assistant Professor of Nursing was advertised. Candidates have been selected on these posts as it is planned to start the Nursing College in July, 2013. It is requested that in view of this, experience and salary structure for the faculty of Nursing may be decided by the Govt and communicated to the Director of AIIMS before the joining of the faculty so