DR. B.K. TIWARI ADVISER (NUTRITION) vs UNION OF INDIA & ANR

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7992/2017 DR. B.K. TIWARI ADVISER (NUTRITION) .....Petitioner Through: Mr. V.S.R. Krishna and Mr. V. Shashank Kumar, Advs. versus UNION OF INDIA & ANR .....Respondents Through: Mr. Vivekanand Mishra, SPC for UOI CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 03.02.2025 C. HARI SHANKAR, J. The issue 1. The petitioner, who was occupying the post of Advisor (Nutrition) in the Directorate General of Health Services, Ministry of Health and Family Welfare, sought parity of pay with the posts of Advisor (Ayurveda) and Advisor (Homeopathy). The Central Administrative Tribunal1 has, by judgment dated 7 October 2016 render in OA 3216/2011, rejected his claim. 2. The petitioner is before us, challenging the said decision. Signature Not Verified Digitally Signed By:AJIT 1 “the Tribunal”, hereinafter KUMAR Signing Date:06.02.2025 20:47:00 W.P.(C) 7992/2017 Page 1 of 12 3. As such, the only issue in consideration is whether the post of Advisor (Nutrition) is entitled to parity of pay with the post of Advisor (Ayurveda) and Advisor (Homeopathy). 4. We have heard Mr. V. Shashank Kumar, learned Counsel for the petitioner, at length. 5. Before adverting to Mr. Shashank Kumar’s submissions, we may note that the issue of whether the post of Advisor (Nutrition) was entitled to pay parity with the posts of Advisor (Ayurveda) and Advisor (Homeopathy), was addressed by the 5th Central Pay Commission2, which returned a recommendation against the petitioner and recommended that the post of Advisor (Nutrition) be placed in the scale of ₹ 4500-5700, of which the replacement scale was ₹ 14300- 18300/-. There is no dispute that this scale has been paid to the petitioner. 6. Mr. V. Shashank Kumar’s