Central Administrative Tribunal Principal Bench, New Delhi Order reserved on: 11.11.2025 Order pronounced on: 11.12.2025 Hon’ble Dr. Chhabilendra Roul, Member (A)

Hon’ble Mr. Rajveer Singh Verma, Member (J)

V.K.Mishra S/o Late Shri Raghuvir Mishra, Aged about 73 years, R/o 13/1027, Vasundhara, District Ghaziabad (U.P.)

Group ‘B’

Designation: Branch Officer ....Applicant (By Advocate: Mr. Shree Prakash Sinha with Ms. Trishla Kumari)

Versus

1. Union of India Through Secretary, Ministry of Ayush, Ayush Bhawan, B-Block, GPO Complex, INA, New Delhi-110023.

2. Central Council of Indian Medicine, (Through its Secretary), 61-65, Institutional Area, Janakpuri, New Delhi-110058.

... Respondents (By Advocate: Mr. Anil Kumar Mishra for R-1, Mr. U.Srivastava for R-2)

ORDER By Dr. Chhabilendra Roul, Member (A)

The present Original Application has been filed by the applicant seeking the following relief(s):

"A. Quash of the decision of respondent No.1 as communicated vide letter dated 05/10/2018 (Annexure-A) pursuant to the representation dated 04/09/2018 of the applicant in the light of order passed by the Hon'ble Supreme Court of India dated 20/08/2018 in Civil Appeal No. 8362/2018, B. Direct the respondent No. to comply with the representation of respondent No.2 and grant equivalent pay scale to Assistant Registrar (Regn.) as being granted/upgraded in the case of similarly situated post i.e. Assistant Registrar (Ayurved), (Unani) and (Administration); the same being in due deference of the order dated 20.08.2018 of the Hon'ble Supreme Court;

and/or C. Pass such other or further order/orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

2. Factual Matrix

2.1 The factual matrix of the case is that the respondents created the post of Technical Officer (Ayurveda) in the year 1972. Later on, in 1978, they created another post of Assistant Secretary. In March 1986, the respondents created 4 posts of Assistant Registrar for (Ayurveda), (Unani), (Administration) and (Registration). It is further admitted by both the learned counsels for the parties that the applicant is retired from service w.e.f. 31.01.2007. The respondents vide their order dated 17.02.1989 (Annexure A-4) upgraded the pay scale of the Research Officers of Indian System of Medicine & Homeopathy w.e.f. 01.01.1986. It is admitted by both the parties that the Research Officer belong to the erstwhile Technical Officers appointed for Unani and Ayurveda. As the 4 posts of Assistant Registrar which were created earlier on the similar pay scales at Rs. 650-1200/- based on the recommendation of the Fourth Pay Commission, w.e.f. 01.01.1996, the communication at Annexure A-4, only upgraded in respect of Assistant Registrar (Unani) and (Ayurveda) leaving aside the Assistant Registrar (Administration) and Assistant Registrar (Registration) to draw lower salary. So respondent no. 2 requested to respondent no. 1 to sanction and upgrade pay scales of Assistant Registrar (Administration/Registration) to Assistant Secretary to that of Rs. 2200-4000/and designated them as Assistant Secretary (Administration) (Annexure A-7). Respondent no. 1 vide order dated 29.08.2001, placed the Recruitment Rules for the post of Assistant Registrar (Unani) and (Ayurveda), Assistant Secretary (Administration/ Registration) to respondent no. 2 and requesting to respondent no. 2 to accept the draft rules, so that the same could be sent to Ministry of Finance to concurrence placed at (Annexure A-18).

2.2 Vide Annexure A-19, communication dated 03.10.2001, respondent no. 2 accepted the draft Recruitment Rules for the abovementioned posts. Respondent No. 1, vide order dated 12.02.2002 (Annexure A-20), had stated that the earlier approval based on the Executive Committee of respondent no. 2 dated 07.06.1990 have not correctly approached the factual position and they stated that the approval prevailing parity between the pay scales of Assistant Registrar (Re