The Union Of India v. Hakim (Mrs.) Najmus Sehar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.312 of 2023 In Civil Writ Jurisdiction Case No.22304 of 2018 ====================================================== 1.

The Union of India through the Secretary, Ministry of AYUSH, Government of India, AYUSH Bhawan, B-Block, GPO Complex, INA, New Delhi - 110023.

2.

The Director General, Central Council for Research in Unani Medical (C.C.R.U.M.), under Ministry of AYUSH, Government of India, JLNBCHA Bhawan, 61-65, Institutional Area, Opposite D- Block, Janakpuri, New Delhi - 110058.

3.

The Deputy Director, Regional Research Institute of Unani Medicine under Central Council for Research in Unani Medicine, (C.C.R.U.M), Guzri Bazar, Patna City, Patna, Bihar - 800008 4.

The Assistant Director (Admin) Office of the Diretor General, Central Council for Research in Unani Medical (C.C.R.U.M.), under Ministry of Ministry of AYUSH, Government of India, JLNBCHA Bhawan, 61-65, Institutional Area, Opposite D-Block, Janakpuri, New Delhi- 110058. 5.

The Administrative Officer, Central Council of Research in Unani Medicine, Ministry of AYUSH, Government of India, JLNBCHA Bhawan, 61-65, Institutional Area, Opposite D-Block, Janakpuri, New Delhi - 110058. ... ... Petitioner/s

Versus

Hakim (Mrs.) Najmus Sehar Wife of Sri Azam Siddiqui, Research Officer (Unani, SL- III), Regional Institute of Unani Medicine under Central Council for Research in Unani Medicine, Ministry of AYUSH, Guzri Bazar, Patna City, Bihar - 800008.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sujeet Kumar Sinha, CGC For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 16-02-2024 The present Civil Review is filed for recalling the order dated 04.02.2023 passed in C.W.J.C. No. 22304 of 2018.

2. Learned counsel for the petitioners submitted

Patna High Court C. REV. No.312 of 2023 dt.16-02-2024 2/2 that in the light of para-2, Respondent's appointment is required to be treated as Ad-hoc till regularization of services in the year 2004.

3. We have already discussed in the order dated 04.02.2023 with reference to Advertisement that the post of Assistant Research Officer (Unani) was advertised for regular seven posts with a pay scale of Rs. 2000-3500/-. Once the pay scale is being extended in that event one cannot draw inference that it is Ad hoc appointment. Even to this day, review petitioners have not apprised with reference to Advertisement to the extent that Advertisement for the post of Assistant Research Officer (Unani) is for Ad hoc appointment with a consolidated pay.

4. Accordingly, no ground has been made out to review the order dated 04.02.2023 passed in C.W.J.C. No. 22304 of 2018. Accordingly, it is dismissed.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.02.2024 Transmission Date NA