vil Appeal No 2 145 of 1988
From the Judgment and Order dated 35
1988 of the Allahabad High COurt in CMWP No 13143 of 1985 Avadh Behari Rohatgi section Markandeya G Seshagiri Rao and Ms C Markandeya for the appellant
Ms Shobha Dikshit Pankaj Kalra Ejaz Maqbool Dileep Tandon JM Khanna and SK Jain for the Respondents
The following Order of the COurt was delivered This appeal by special leave is against the order of the Allahabad High Court
The subject matter of dispUte is in regard to 11 lady teachers of Saghir Fatima Mohammadia Girls Inter College Agra
This is claimed to be a minority insti tution but fully financed from the State resources
By interlocutory orders made from time to time the real litigative part of has already been attended to
We would refer to our order of 2nd May 1991 where this court ob served We are happy to find that pursuant to our order made earlier in this case Smt
Kamla 561 Mehra Smt
Saran Kumari Gaur and Swaliha Begum have been given postings and they have already reported to duty
So far as petitioners Km
Asifa Rizvi Km
Sayyada Rizwani and Shafiqa Begum are concerned Ms Dikshit points out that though there is some possibility of adjusting them in other institutions it is a time taking process inasmuch as under the scheme government have no power to impose teachers from out side on the administration of the institutions
We think it appropriate in the interestof justice to require the Director of Secondary Education to require such of the colleges where appropriate vacancies are available to adjust these three teachers
To so adjust them the institu tions shall take our present order as a direction to adjust them and as and when called by the Director of Secondary Education it shall be implemented
Failure to comply shall be teated as violation of our direction
So far as Smt
Sudha Dixit is concerned we gather from the representation made at the Bar  that a vacancy in the spe ciality is about to arise in the coming month
If that be so Ms Dikshit has agreed to see that she is so posted
As far as two remaining teachers are concerned they do not agree to go out of the institution and Ms Dikshit points out that in their subjects there is no vacancy
In these circumstances they have choice to wait indefinitely till vacancy occurs withoutclaiming salary till employment
If this is not acceptable to them the order of termination already made shall be taken as final and conclusive and their petition shall standdismissed
 We are told that the vacancy which was contemplated in regard to Smt
Sudha Dixit has not worked out for her
She had been offered a posting in Mathura away from
the insti tution where she had been working and she did not choose to go there
Mr Markandeya appearing for her however does not agree with this statement made by others and says that she volunteered to go but was informed that the institution had not taken a decision to keep her and she was
to be intimated as and when a decision was taken
No intimation has been received by her as yet
Out of the two remaining teachers referred to in our order dated 2nd May 1991 it appears that one has already been absorbed in Aligarh and the
remaining teacher Khaliq Jahan is holding a lower post for the time being and Ms Dikshit has told us that she has already 562 suggested to the Government that as and when a vacancy arises she should be accommodated in a post according to her entitlement So far as Smt
Sudha Dixit is concerned we think a situation has now arisen where the Director must implement our order
We had clothed him with adequate powers by our order of 2nd May 199 1 and he must under that authority proceed to enforce his order
The Director should provide employment to Smt
Sudha Dixit in terms of the assignment made and the institution where she has been directed to join should accept the teacher
Beyond that we do not intend to say anything at this stage
This leaves the only remaining question to be dealt
with ie as to how the period during which the seven of the teachers who have been absorbed in that very institution should be dealt with
It is said that during this gap period of seven years another set of teachers had been working who are represented before us by Mr Kalra in these proceedings It is the submission of the appellants that the seven teach ers who are substituted did not possess the requisite quali fication and reliance is placed on Section 16FF of the Act to support the submission that they are not entitled to salary for the work done
SimultaneouSly the seven  teachers have contended through their counsel that they had been visiting the institution everyday and had been leaving their attendance with the appropriate authority therefore they should be entitled to salary
This is not a proceeding in which we have to decide who has to be paid the salary
But as things stand one set of teachers have actually worked while the other set for reasons which are germane to appropriate management has not We are told that teachers had gone on strike and when they were called back to duty a group of teachers including the seven did not return within time and that led to appointment of alternate teachers
We must point out that this again is not an appropriate matter to be decided by us
We are however satisfied from the material placed before us that the 11 teachers who are represented by Mr Kalra did work during the period
It may not be appropriate to hold that they are not entitled to remuneration for the work done
The institution had admittedly not received any benefitof service during the relevant period from the seven teachers on the appellants  side
On the principle that when work is not done remuneration is not to be paid we dispose of the present appeal without giving any direction for payment to them
If they are entitled to salary it is open to them to take appropriate proceeding to claim the same 563 We do not finally close their claim against the  State of the institution
But so far as teachers represented by Mr Kalra are concerned if they have not been paid they should be disbursed the salary due to them
There is some contest as to whether they are qualified or not
On the basis of the facts on record we are of the view that they appear to be qualified and that question should not be reopened
We draw support for our view for non payment to the appellants from our  interim order of 7th February 1990
In regard to two teachers who were prepared to wait to take their chance we indicated that they would not be paid any remuneration
Seven teachers who have now been provided jobs under our orders and those who were waiting to take their chance should be equated for the common period of no work
We are however of the view that seven teachers who have got employment should be given their seniority for the period they were out of employment
We accordingly require the Director of Public Instruction to take our order into account and given them credit for seniority for the period they were out of employment on the deemed situation that they had worked Our doing so we again repeat would not entitle them to salary unless they are otherwise entitled to
This disposes of the appeal
We are sorry that we entertained an appeal of this type by special leave and got dragged into a dispute which should not have been brought upto this court
GN Appeal disposed of


Summary:
In the present petitions filed before this court the petitioners Research Scholars connected with Projects entrusted to different institutions prayed for security of employment and improvement of conditions of service
In the earlier writ petitions this Court indicated that those who have put in 15 years of research work should be immediately regularised and that a core cadre be built up
The Respond ents undertook to submit a comprehensive scheme and this court granted two month s time to the Respondents to file the same
Passing interim orders pending examination of a compre hensive scheme to be submitted by the Respondents this Court HELD 1
The Indian Council of Medical Research ICMRis actually the organisation set up for research purposes and the Union of India meets the expenditure on research by funding
This Court does not have the adequate technical know how but is of the view that if appropriate coordination is made and the Health Ministry ICMR and the Institutes where research is carried on tie up their opera tions more useful work can be done and simultaneously the researchers would have better terms of employment
All the Institutes where research is carried on may not be at the National Capital
Hence a small monitoring unit requires to be set up which would finalise the various research projects well in advance and receive offers of projects from organi sations like World Health Organisation or other bodies
598B D 596 2
No consideration has been
given as to why the drug manufacturers in India who have engaged themselves in a Very lucrative trade should also participate in research pro grammes
Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves
A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot
Continuing
research not only keep up the level of knowledge but also helps the enhancement of effi ciency of treatment of diseases and in the matter of provid ing relief to the patients
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Once service guarantees are provided and security of service is available the flow of inspiration from within perhaps slows down
However there is no objection to a core cadre being built up and if the Health Ministry is of the view that there should be a core cadre it can quickly set up the same and such of the researchers who have put in more or less continued period of work could he brought into the cadre at the first instance on regular basis
The Committee which the Union of India has to set up my look into this totter more thoroughly and give shape to the idea
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The Patel Chest Institute seem to be more or less a permanent future and researchers therein may be continued against the programmes available
The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it
The researchers who have worked in the All India Institute of Medical Sciences should he continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies
The stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption is approved
599D E