HEMANT GUPTA,J. - (1.) This order shall dispose of the three writ applications bearing C.W.J.C. No. 21710 of 2014; C.W.J.C. No. 21880 of 2014 and C.W.J.C. No. 352 of 2015 filed by the present petitioner each arising out of separate Original Application filed by her. Since the issues are integrated, therefore, all the three writ applications are taken up together for final hearing. (i). The petitioner in O.A. No. 875 of 2012 sought quashing of the order dated 28th of September, 2012 and the order dated 25th of July, 2011 seeking pay protection while fixing her pay on her permanent absorption in Central Government Health Scheme (hereinafter referred to as "CGHS"). (ii). In O.A. No. 905 of 2012, apart from seeking quashing of the same order dated 28th of September, 2012, the petitioner has sought benefit of previous service and seniority prior to her absorption in CGHS. (iii). The third O.A. bearing No. 907 of 2012 is to challenge the decision of the respondents to treat the petitioner under the New Pension Scheme instead of treating her under Old Pension Scheme i.e. CCS [Pension] Rules, 1972.
(2.) The brief facts out of which the present writ applications arise are that the petitioner was working as Senior Medical Officer in Central Coal Fields Limited (CCL). She came on deputation under CGHS vide order dated 29th of June, 2001 in the pay -scale of Rs. 10,000 -15,200 plus NPA and usual allowances as may be admissible to Central Government servants from time to time. In respect to the option as to whether the petitioner would like to withdraw the salary of the parent organization or under the Central Government, the petitioner opted to draw her salary as per her parent organization plus deputation allowance. The petitioner continued on deputation. On 19th of August, 2003, she was appointed on the post of Senior Medical Officer in the Central Health Service on deputation basis for a period of three years i.e. with effect from afternoon of 20th of January, 2003. She also got extension up to 19th of January, 2011. The petitioner was permanently absorbed against the post of Senior Medical Officer on 10th of March, 2010 in the pay -scale of Rs. 15600 - 39000/ - plus Grade Pay of Rs. 6600/ -.
(3.) The grievance of the petitioner is that she was drawing pay at the rate of Rs. 45250/ - plus other benefits prior to her absorption but after her absorption she has been treated as a direct recruit in the grade of Senior Medical Officer which is illegal and arbitrary. The assertion of the petitioner is that she was getting higher pay prior to her permanent absorption. Therefore, her pay has to be protected; she is entitled to seniority from the date of her joining in the parent department and that she cannot be treated as new entrant to be governed by New Pension Rules.;