The Applicant is aggrieved by the order dated 29.05.2008, by which the University Grants Commission (UGC) scales of pay given to the Applicant has been reduced to the scale of pay applicable to the employees under the Government of NCT of Delhi. =the amendment of Section 7 of Delhi Tibbia College (Takeover) Act, 1997 has to be read as a whole. Section 7 (2) clearly provides that the pay of the employees as on the appointed day shall be protected. These would be subject to Fundamental Rules, Supplementary Rules and other rules applicable to other employees of the Government. It would only mean that for the purposes of increment et cetera the rules mentioned in Section 7 (3) would apply. It would not mean that the pay of the employees of the College shall be brought to the level of the employees of the Government of NCT of Delhi. The Respondents cannot renege on the assurance given to the employees about pay protection in the Delhi Tibbia College (Takeover) Act, 1997 and the amendment of 2006. The interpretation put by the Respondents on Section 7 of the Delhi Tibbia College (Takeover) (Amendment) Act, 2006 is erroneous. 9. In the light of the above discussion the OA is allowed and the impugned order dated 29.05.2008 is quashed and set aside to the extent and in regard to the scales of pay mentioned in column number 4 of the Annexure-I. The Applicant would be eligible for the UGC scale of pay given to him before the takeover since 1988. The Respondents are directed to issue an amendment to the aforesaid order to the above extent within one month of the receipt of the certified copy of this order. If any recovery has been made from the Applicant, the same would be refunded to him within 15 days of passing of the above order amending the order dated 29.05.2008. There will be no orders as to costs.

CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA 932/2010 MA 706/2010 With OA 1078/2010 MA 818/2010 and OA 1080/2010 New Delhi this the 10th day of March, 2011 Hon ble Mr. Justice V.K.Bali, Chairman Hon ble Mr. L.K.Joshi, Vice Chairman (A) OA 932/2010 Dr. Rais-UR-Rehman, 49 years, Reader A & U Tibbia College, Karol Bagh, R/o 131, Ist Floor, Pocket 40, C.R.Park, New Delhi-110019. Applicant (By Advocate Shri K.K.Sharma) VERSUS 1. The Chief Secretary, Government of NCT of Delhi, Delhi Secretariat, I.P.Estate, New Delhi-110003. 2. The Principal Secretary, H & F.W. Deptt., Govt. of NCTD, Delhi Secretariat, I.P.Estate, New Delhi-110003. 3. The Director (ISM & H)/Administrator, A & U Tibbia College, Govt. of NCTD, Karol Bagh, New Delhi-110005 4. The Principal (HOD), A & U Tibbia College, Govt. of NCTD, Karol Bagh, New Delhi-110005. Respondents (By Advocate Shri R.N. Singh ) OA 1078/2010 Dr. Yousuf Jamal, S/o Mr. Mustafa Kamal, Reader, A & U Tibbia College, Karol Bagh, New Delhi-110001. Applicant (By Advocate Shri K.K.Sharma) VERSUS 1. The Chief Secretary, Government of NCT of Delhi, Delhi Secretariat, I.P.Estate, New Delhi-110003. 2. The Principal Secretary, H & F.W. Deptt., Govt. of NCTD, Delhi Secretariat, I.P.Estate, New Delhi-110003. 3. The Director (ISM & H)/Administrator, A & U Tibbia College, Govt. of NCTD, Karol Bagh, New Delhi-110005 4. The Principal (HOD), A & U Tibbia College, Govt. of NCTD, Karol Bagh, New Delhi-110005. Respondents (By Advocate Shri R.N. Singh ) OA 1080/2010 Dr.Rajni Sushma, W/o Dr. Y.K.Saini, Reader A & U Tibbia College, Karol Bagh, New Delhi-110005 Applicant (By Advocate Shri K.K.Sharma) VERSUS 1. The Chief Secretary, Government of NCT of Delhi, Delhi Secretariat, I.P.Estate, New Delhi-110003. 2. The Principal Secretary, H & F.W. Deptt., Govt. of NCTD, Delhi Secretariat, I.P.Estate, New Delhi-110003. 3. The Director (ISM & H)/Administrator, A & U Tibbia College, Govt. of NCTD, Karol Bagh, New Delhi-110005 4. The Principal (HOD), A & U Tibbia College, Govt. of NCTD, Karol Bagh, New Delhi-110005. Respondents (By Advocate Shri R.N. Singh ) O R D E R Mr. L.K.Joshi, Vice Chairman (A): We are dealing with the three OAs in this common judgement and order as identical facts and questions of law are involved in these. The facts have been extracted from OA number 932/2010. 2. The Applicant is aggrieved by the order dated 29.05.2008, by which the University Grants Commission (UGC) scales of pay given to the Applicant has been reduced to the scale of pay applicable to the employees under the Government of NCT of Delhi. 3. The relevant facts of the case have been narrated hereafter. The Applicant has been working as Reader in the Ayurvedic and Unani Tibbia College (hereafter the College) from 24.05.1988. It is not in dispute that he was appointed Reader in the UGC scale of pay of Rs.12,000-420-18,300 on his appointment in that capacity. The College was taken over by the Government of NCT of Delhi with effect from 01.05.1998 by the Delhi Tibbia College (Takeover) Act, 1997. 4. The case of the Applicant is that it had been decided at the time of the takeover of the College that the existing terms and conditions of the employees of the College would not be changed to their disadvantage and that this had been taken care of in Section 7 of the Delhi Tibbia College (Takeover) Act, 1997. This had been mentioned in the note for the Cabinet dated 18.12.1997, which was produced by the learned counsel for the Applicant during his submissions and which we directed to be taken on record. By the Delhi Tibbia College (Takeover) (Amendment) Act, 2006, Section 7 of the earlier Act was amended thus: 7. Appointment of Employees of the College as employees of the Government as a part of the initial constitution. (1) The Government may, having regard to the requirements of the College, appoint an employee who has been immediately before the appointed day employed in the College, as an employee of the Government as a part of the initial constitution. (2) The pay of an employee of the College appointed as an employee of the Government, as on the appointed day, shall be protected by granting the difference in pay under the Government and that drawn by the individual while in service of the College, as personal to in individual to be absorbed against future increments. (3) The pay and the terms and conditions of an employee appointed as an employee of the Government under sub-section (1) shall be dealt in accordance with the provisions of the Fundamental Rules, the Supplementary Rules and other rules as applicable to other employees of the Government. (4) The pension of an employee appointed as an employee of the Government shall be on the same terms as are given to other equivalent employees of the Government . Provided that the benefit of previous service under the erstwhile Board shall be given only after the employee concerned has surrendered the employer s share of the contributory fund to the Government. 5. Some of the Readers of the College approached this Tribunal in OA number 2688/2003 seeking the following relief: (A) That the respondents be directed to declare that the petitioners have been appointed in the Government. (B) The respondents be directed to release all the arrears of the petitioners based on the revision of pay scales of petitioners in line of Vth Central Pay Commission recommendations from 01.01.1996 onwards alongwith interest at the rate of 10 percent per annum. (C) The respondents be directed to count the past service of the petitioners in A&U Tibbia College as service in the Government for pensionary benefits. (D) The respondents be directed that no approval of the UPSC is required in the case of petitioners who were appointed under the regulations framed under law. (E) To treat the promotion of the petitioners made under Merit Promotion Scheme notified in 1996 in Situ and Personal to the individual teachers promoted and without linkage to the vacancies or to create posts retrospectively from 01.12.1996 i.e. the date on which they were promoted necessary to accommodate the petitioners. (F) To direct that the petitioners are entitled to pension as per UGC norms i.e. the college under UGC are entitled to pensionary benefits as per CCS Pension Rules and that the same rules shall apply to the petitioners. (G) All the teachers may be allowed to be paid monthly pay and allowances in the existing scales pending their formal appointment in the Government. (H) From the date of the take-over of the college, the staff of A&U Tibbia College may be given pay & allowances and all other benefits as per Rules & Regulations applicable to Government employees. The Tribunal observed in its judgement dated 01.06.2005 as follows: 14. It is a settled law that whenever the educational institutions are taken over by the State Government through an agreement/notification or any other document, the terms and conditions prescribed therein would be applicable to the staff and the teaching faculty in the present case, we do not observe that any such document/agreement/notification at the time of taking over of the Tibbia College, contains the conditions to the effect that the new rules after taking over would be applicable as framed by the Government of Delhi from time to time, through the notification (supra), to the employees of the Tibbia College. In the case of State of Punjab and others Vs. Tara Singh Shahi, (1996) 8 SCC 448, the Apex Court held that the private college taken over by the State Government pursuant to a gift deed executed between the management of the private college and the State Government, the condition of service would be subjected to the terms and conditions contained in such gift deed and would be binding on the staff and the teachers of the college. In the present case, such terms and conditions are not available or at least the respondents did not bring to the notice of the Tribunal with the counter reply or during the course of hearing of this case. 15. In the above case (Tara Singh Shahi (supra), the gift deed, inter alia, provided that unless those staff members who possessed the requisite qualification would be absorbed and that the principal of College would be taken over only as a senior-most Lecturer of the College Shri Tara Singh Shahi, respondent in the above cited case, was accordingly absorbed as senior most Lecturer. Thus, rules made after the taking over of the private college were made applicable as per the terms and conditions given in the gift deed. In the present case, under our consideration, no such condition appears to have been made at the time of taking over of the Tibbia College of the Government of Delhi. 16. In the light of the above discussion, we direct the respondents as under: (a) In the absence of any terms and conditions in the document prepared at the time of taking over of the Tibbia College by the Delhi Government, old rules prior to such taking over would be made applicable in the case of the applicant in respect of their promotions as Reader; (b) the representations, already submitted by the applicants from time to time before the competent authority, i.e., before the Government of Delhi, would be considered by them in the light of (a) above within a period of four months from the date of receipt of the copy of this order; and (c) liberty is granted to the applicants to approach appropriate forum, if they still feel aggrieved after their representations are decided by the competent authority. The above judgement was challenged before the Delhi High Court. However, the Writ Petition was withdrawn by the Government of NCT of Delhi in the light of the amendment of 2006. The order dated 26.03.2007 of the Delhi High Court reads thus: Ms.Avnish Ahlwat learned counsel for the petitioner states that this writ petition has become infructuous owing to the Corrigendum dated 25.7.2006 issued by the Government of NCT of Delhi. The learned counsel for the Respondents has submitted that the issue stands settled by the Notification dated 4th December, 2006. The learned counsel for the Petitioner on the basis of the corrigendum dated 25th July,2006 seeks permission of the Court to withdraw the present writ petition. The writ petition is accordingly dismissed as withdrawn. 6. The learned counsel for the Applicant urged in his submissions that the Applicant had been promoted to the post of Reader much before the takeover of the College by the Government of NCT of Delhi and, therefore, in terms of the Delhi Tibbia College (Takeover) Act, 1997 and the amendment of 2006, adverted to above, the conditions of service of the Applicant, including the scales of pay, had to be protected. 7. The learned counsel for the Respondents would only contend that the Delhi Tibbia College (Takeover) (Amendment) Act, 2006 also provided that the pay and terms and conditions of service of an employee would be dealt with in accordance with the provisions of the Fundamental Rules, Supplementary Rules and other rules as applicable to the employees of the Government. It is for this reason that the scales of pay of the employees have been brought on par with the employees of the Government of NCT of Delhi. 8. The argument of the Respondents cannot be accepted because (a) the rights of the parties have already been decided by the Tribunal in its judgement dated 01.06.2005 in OA number 2688/2003 and the Respondents cannot now go beyond that; and (b) the amendment of Section 7 of Delhi Tibbia College (Takeover) Act, 1997 has to be read as a whole. Section 7 (2) clearly provides that the pay of the employees as on the appointed day shall be protected. These would be subject to Fundamental Rules, Supplementary Rules and other rules applicable to other employees of the Government. It would only mean that for the purposes of increment et cetera the rules mentioned in Section 7 (3) would apply. It would not mean that the pay of the employees of the College shall be brought to the level of the employees of the Government of NCT of Delhi. The Respondents cannot renege on the assurance given to the employees about pay protection in the Delhi Tibbia College (Takeover) Act, 1997 and the amendment of 2006. The interpretation put by the Respondents on Section 7 of the Delhi Tibbia College (Takeover) (Amendment) Act, 2006 is erroneous. 9. In the light of the above discussion the OA is allowed and the impugned order dated 29.05.2008 is quashed and set aside to the extent and in regard to the scales of pay mentioned in column number 4 of the Annexure-I. The Applicant would be eligible for the UGC scale of pay given to him before the takeover since 1988. The Respondents are directed to issue an amendment to the aforesaid order to the above extent within one month of the receipt of the certified copy of this order. If any recovery has been made from the Applicant, the same would be refunded to him within 15 days of passing of the above order amending the order dated 29.05.2008. There will be no orders as to costs. 10. A copy of this order may be placed in each of the OAs. ( L.K.Joshi ) ( V.K.Bali ) Vice Chairman (A) Chairman sk