Jharkhand Medical and Public Health Employees Association Thr Its Joint Secretary Shambhu Nath Pandey Vs. The State of Jharkhand Through the Chief Secretary and Ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/110658
CourtJharkhand High Court
Decided OnJul-27-2017
AppellantJharkhand Medical and Public Health Employees Association Thr Its Joint Secretary Shambhu Nath Pandey
RespondentThe State of Jharkhand Through the Chief Secretary and Ors
Excerpt:
in the high court of jharkhand at ranchi w.p. (s) no. 3606 of 2015 =============================================================== jharkhand medical & public health employees association through its joint secretary, shambhu nath pandey, son of late bachoo pandey, resident of daltonganj, ward no. 02., p.o. & p.s. daltonganj, palamau, daltoganj. … … petitioner versus1 the state of jharkhand through the chief secretary, ranchi.2. the finance commissioner, govt. of jharkhand, ranchi.3. the principal secretary, finance department, ranchi.4. the director-in-chief, health department, ranchi. … ... respondents. =============================================================== for petitioner : mr. deepak kumar prasad, advocate for respondents : mr. amit kumar, jc to gp-ii =============================================================== coram: hon'ble mr. justice dr. s. n. pathak08 27.07.2017 heard learned counsel for the petitioners. there is no representation on behalf of the respondents- the state of bihar.2. the petitioners claim to be representatives of the employees working under the health department, government of jharkhand. they have filed the present writ application seeking a direction upon the respondents-the state of jharkhand to grant pay scale of rs. 4500-7000/- for the post of health visitor (tuberculosis) which, according to them is replacement scale of rs. 1400-2300/-, which they were earlier getting. they have a grievance that the health visitors (tuberculosis) have wrongly been given the scale of rs. 4000-6000/-. the plea of the petitioners is based on a premise that as on the basis of recommendation made by 3rd pay revision committee’s report health visitors (tuberculosis) were given scale of rs. 296-460/- whereas persons working as lab technicians and x-ray technicians with the same qualification of i. sc. were placed in lower scale of rs.240-396/-. on the basis of 4th pay revision committee’s report, pay scale of health visitor (tuberculosis) was enhanced to rs.680-965/-. pay scale of lab technician was fixed at rs. 580-860/- whereas that of x-ray technician was to rs. 680-965/-. qualification for all the three posts remained, however, the same, i.e., i. sc. up to this stage the health visitors (tuberculosis) did not have any grievance. pay scale of x-ray technicians was made equal to scale of health visitors. pay scale given to lab technicians was rs. 580- 680/- which was substantially less than that of health visitors (tuberculosis). the 2 controversy arose after recommendation made by 5th pay revision committee’s report. pay scale of health visitors (tuberculosis) was fixed as rs. 1320-2040/- and that of x-ray technician as rs. 1400-2300. thus, the health visitors (tuberculosis), who were getting more than x-ray technician on the basis of recommendation of 3rd pay revision committee’s report were placed in lower scale of rs. 1320-2040/-. the lab technicians were also given scale of rs. 1320-2040/- on the basis of recommendation made by 5th pay revision committee’s report. the anomaly in the pay scale was pointed out by the health visitors (tuberculosis) upon implementation of the recommendation of 5th pay revision committee’s report. the anomaly was resolved and pay scale of health visitor (tuberculosis) was fixed as rs. 1400- 2300/- and was made equal to the scale of x-ray technician. the scale of lab technician, however, remained to be rs.1320-2040/-, apparently less than the scale fixed for health visitors (tuberculosis). the main controversy arose upon implementation of the recommendation of 6th pay revision committee’s report. the health visitors (tuberculosis) have been given the pay scale of rs.4000-6000/- whereas the persons working as lab technicians and x-ray technicians have been given the scale of rs. 4500-7000/-. in this background, the case of the petitioners is that fixation of pay scale of health visitors (tuberculosis) in rs.4000-6000/- is arbitrary, discriminatory, and irrational. the plea is that qualification for all the three posts are same and the health visitors (tuberculosis) were getting substantially more than lab technicians and x-ray technicians on the basis of 3 rd pay revision committee’s report and there cannot be any rationale behind placing the health visitors (tuberculosis) lower than the persons working as lab technician and x-ray technician in the matter of fixation of pay scale.3. the facts recorded above have been taken from the writ application, which is a comparative chart prepared by the petitioners with respect to pay scales given to different posts on the basis of recommendation made by pay revision committee’s reports. this comparative chart and pleadings to this effect has not been controverted by the respondents the state of bihar in their counter affidavit. for the better appreciation of facts as well as better clarity, pay scales given to health visitors (tuberculosis), lab technicians and x-ray technicians on the basis of recommendation made by pay revision committee’s reports is given herein below:- sl. designation educational pay-scale given pay-scale given no. qualification by 3rd pay by 6th pay revision revision committee committee 01. health visitor (tuberculosis) i.sc. 296-460/- 4000-6000/- 3 02. tab technician i.sc. 240-396/- 4500-7000/- 03. x-ray technician i.sc. 240-396/- 4500-7000/- 4. a counter affidavit has been filed on behalf of stating therein that the grievance of the petitioners’ association is a financial matter and it comes within the purview of department of finance, government of jharkhand as fixation of pay scale is not within the jurisdiction of health department, government of jharkhand. this is the only counter affidavit, which has been filed by the state respondents.5. i am conscious of the fact that this writ application has been filed by the representatives of the employees of health department, government of jharkhand. however, no objection as regards maintainability of the writ application has been raised by the respondents in the counter affidavit.6. it is true that what pay scale which should be made available to a particular post is within the domain of employer and when the employer is state within the meaning of article 12 of the constitution of india, it is a policy matter which should not be interfered with. this court in exercise of power under article 226 of india normally does not interfere with such policy matters or fixation of pay scales of the employees of the state of jharkhand or the central government but when the petitioners are able to make out a case of discrimination on the ground that the posts to which lower pay scale was attached earlier are being given higher pay scale than the posts for which higher pay scale was earlier fixed without any basis, qualification for the posts remaining the same, i am of the view that interference in such action would be warranted by this court. as recorded above, the state respondents have not said anything about the rationale behind fixation of pay scale of health visitors (tuberculosis) lower than those fixed for lab technicians and x-ray technicians in the background of the fact that initially the health visitors (tuberculosis) were given substantially higher pay scale than lab technicians and x-ray technicians. in my opinion, the petitioners have succeeded in making out a case of discrimination in the matter of fixation of pay scale, as the facts asserted by them have remained uncontroverted.7. i, accordingly, direct the respondents to fix the pay scale of health visitors (tuberculosis) at least at par with the lab technicians and x-ray technicians which such lab technicians and x-ray technicians are getting on the basis of recommendation of 6th pay revision committee’s report. such decision must be taken by the state respondents within a period of six weeks from the date of receipt/ production of a copy of this order before the principal secretary, department of finance, government of 4 jharkhand, ranchi and the principal secretary, department of health, government of jharkhand, ranchi. the petitioners shall be entitled for fixation of their pay-scale accordingly and payment of all consequential benefits including arrears of salary and consequent revision of their pay scale. accordingly, this writ application stands allowed. i.a. no. 6223 of 2016 also stands disposed of. (dr. s.n. pathak, j.) kunal/-
Judgment:

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3606 of 2015 =============================================================== Jharkhand Medical & Public Health Employees Association through its Joint Secretary, Shambhu Nath Pandey, son of late Bachoo Pandey, resident of Daltonganj, Ward No. 02., P.O. & P.S. Daltonganj, Palamau, Daltoganj. … … Petitioner VERSUS1 The State of Jharkhand through the Chief Secretary, Ranchi.

2. The Finance Commissioner, Govt. of Jharkhand, Ranchi.

3. The Principal Secretary, Finance Department, Ranchi.

4. The Director-in-Chief, Health Department, Ranchi. … ... Respondents. =============================================================== For Petitioner : Mr. Deepak Kumar Prasad, Advocate For Respondents : Mr. Amit Kumar, JC to GP-II =============================================================== CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK08 27.07.2017 Heard learned counsel for the petitioners. There is no representation on behalf of the respondents- the State of Bihar.

2. The petitioners claim to be representatives of the employees working under the Health Department, Government of Jharkhand. They have filed the present writ application seeking a direction upon the respondents-the State of Jharkhand to grant pay scale of Rs. 4500-7000/- for the post of Health Visitor (Tuberculosis) which, according to them is replacement scale of Rs. 1400-2300/-, which they were earlier getting. They have a grievance that the Health Visitors (Tuberculosis) have wrongly been given the scale of Rs. 4000-6000/-. The plea of the petitioners is based on a premise that as on the basis of recommendation made by 3rd Pay Revision Committee’s Report Health Visitors (Tuberculosis) were given scale of Rs. 296-460/- whereas persons working as Lab Technicians and X-ray Technicians with the same qualification of I. Sc. were placed in lower scale of Rs.240-396/-. On the basis of 4th Pay Revision Committee’s Report, pay scale of Health Visitor (Tuberculosis) was enhanced to Rs.680-965/-. Pay scale of Lab Technician was fixed at Rs. 580-860/- whereas that of X-ray Technician was to Rs. 680-965/-. Qualification for all the three posts remained, however, the same, i.e., I. Sc. Up to this stage the Health Visitors (Tuberculosis) did not have any grievance. Pay scale of X-ray Technicians was made equal to scale of Health Visitors. Pay scale given to Lab Technicians was Rs. 580- 680/- which was substantially less than that of Health Visitors (Tuberculosis). The 2 controversy arose after recommendation made by 5th Pay Revision Committee’s Report. Pay scale of Health Visitors (Tuberculosis) was fixed as Rs. 1320-2040/- and that of X-ray Technician as Rs. 1400-2300. Thus, the Health Visitors (Tuberculosis), who were getting more than X-ray Technician on the basis of recommendation of 3rd Pay Revision Committee’s Report were placed in lower scale of Rs. 1320-2040/-. The Lab Technicians were also given scale of Rs. 1320-2040/- on the basis of recommendation made by 5th Pay Revision Committee’s Report. The anomaly in the pay scale was pointed out by the Health Visitors (Tuberculosis) upon implementation of the recommendation of 5th Pay Revision Committee’s Report. The anomaly was resolved and pay scale of Health Visitor (Tuberculosis) was fixed as Rs. 1400- 2300/- and was made equal to the scale of X-ray Technician. The scale of Lab Technician, however, remained to be Rs.1320-2040/-, apparently less than the scale fixed for Health Visitors (Tuberculosis). The main controversy arose upon implementation of the recommendation of 6th Pay Revision Committee’s Report. The Health Visitors (Tuberculosis) have been given the pay scale of Rs.4000-6000/- whereas the persons working as Lab Technicians and X-ray Technicians have been given the scale of Rs. 4500-7000/-. In this background, the case of the petitioners is that fixation of pay scale of Health Visitors (Tuberculosis) in Rs.4000-6000/- is arbitrary, discriminatory, and irrational. The plea is that qualification for all the three posts are same and the Health Visitors (Tuberculosis) were getting substantially more than Lab Technicians and X-ray Technicians on the basis of 3 rd Pay Revision Committee’s Report and there cannot be any rationale behind placing the Health Visitors (Tuberculosis) lower than the persons working as Lab Technician and X-ray Technician in the matter of fixation of pay scale.

3. The facts recorded above have been taken from the writ application, which is a comparative chart prepared by the petitioners with respect to pay scales given to different posts on the basis of recommendation made by Pay Revision Committee’s Reports. This comparative chart and pleadings to this effect has not been controverted by the respondents the State of Bihar in their counter affidavit. For the better appreciation of facts as well as better clarity, pay scales given to Health Visitors (Tuberculosis), Lab Technicians and X-ray Technicians on the basis of recommendation made by Pay Revision Committee’s Reports is given herein below:- Sl. Designation Educational Pay-scale given Pay-scale given No. Qualification by 3rd pay by 6th Pay revision revision committee committee 01. Health Visitor (Tuberculosis) I.Sc. 296-460/- 4000-6000/- 3 02. Tab Technician I.Sc. 240-396/- 4500-7000/- 03. X-ray Technician I.Sc. 240-396/- 4500-7000/- 4. A counter affidavit has been filed on behalf of stating therein that the grievance of the petitioners’ Association is a financial matter and it comes within the purview of Department of Finance, Government of Jharkhand as fixation of pay scale is not within the jurisdiction of Health Department, Government of Jharkhand. This is the only counter affidavit, which has been filed by the State respondents.

5. I am conscious of the fact that this writ application has been filed by the representatives of the employees of Health Department, Government of Jharkhand. However, no objection as regards maintainability of the writ application has been raised by the respondents in the counter affidavit.

6. It is true that what pay scale which should be made available to a particular post is within the domain of employer and when the employer is State within the meaning of Article 12 of the Constitution of India, it is a policy matter which should not be interfered with. This court in exercise of power under Article 226 of India normally does not interfere with such policy matters or fixation of pay scales of the employees of the State of Jharkhand or the Central Government but when the petitioners are able to make out a case of discrimination on the ground that the posts to which lower pay scale was attached earlier are being given higher pay scale than the posts for which higher pay scale was earlier fixed without any basis, qualification for the posts remaining the same, I am of the view that interference in such action would be warranted by this court. As recorded above, the State respondents have not said anything about the rationale behind fixation of pay scale of Health Visitors (Tuberculosis) lower than those fixed for Lab Technicians and X-ray Technicians in the background of the fact that initially the Health Visitors (Tuberculosis) were given substantially higher pay scale than Lab Technicians and X-ray Technicians. In my opinion, the petitioners have succeeded in making out a case of discrimination in the matter of fixation of pay scale, as the facts asserted by them have remained uncontroverted.

7. I, accordingly, direct the respondents to fix the pay scale of Health Visitors (Tuberculosis) at least at par with the Lab Technicians and X-ray Technicians which such Lab Technicians and X-ray Technicians are getting on the basis of recommendation of 6th Pay Revision Committee’s Report. Such decision must be taken by the State respondents within a period of six weeks from the date of receipt/ production of a copy of this order before the Principal Secretary, Department of Finance, Government of 4 Jharkhand, Ranchi and the Principal Secretary, Department of Health, Government of Jharkhand, Ranchi. The petitioners shall be entitled for fixation of their pay-scale accordingly and payment of all consequential benefits including arrears of salary and consequent revision of their pay scale. Accordingly, this writ application stands allowed. I.A. No. 6223 of 2016 also stands disposed of. (Dr. S.N. Pathak, J.) kunal/-