Writ Appeal No. 64 of 2005. Case: Shri Moirangthem Meghachandra Meetel Vs North Eastern Council and Anr.. Guwahati High Court
| Case Number | Writ Appeal No. 64 of 2005 |
| Counsel | For Appellant: H.N.K. Singh, Sr. Adv. and Babulindro Singh, Adv. And For Respondents: Serto T. Kom, Adv. |
| Judges | U.B. Saha and Asok Potsangbam, JJ. |
| Issue | Central Civil Services (Revised Pay) Rules, 1986; Revision of Pay Rules, 1986; Constitution of India - Articles 14 and 16 |
| Citation | 2009 (2) GLD 14 , 2009 (5) GLT 45 |
| Judgement Date | April 29, 2009 |
| Court | Guwahati High Court |
Judgment:
U.B. Shah, J.
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This writ appeal is the result of the dismissal of the appellant's writ petition by the impugned judgment and order dated 7.6.2005 whereby and whereunder, the learned Single Judge disallowed the appellant's prayer for granting him the higher pay scale of Rs. 1640-2900/- which was subsequently revised to Rs. 5500-9000/-, with effect from his date of joining service, i.e., on and from 1.6.1995, as Health Educator in the Regional Institute of Medical Sciences (for short 'RIMS'), and for a direction to rectify the pay anomaly in between the two posts of Health Educator in the said Department of RIMS.
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The brief facts needed to be discussed for disposal of the appeal are as follows:
The appellant petitioner having been recommended by a Selection Board was appointed to a post of Health Educator in the Department of Community Medicine, RIMS vide order dated 27.5.1995 in the pay scale of Rs. 1400-2300/-. Accordingly, the petitioner joined the said service. But while he was serving as Health Educator, he came to know that there is another post of Health Educator in his Department. One H. Rajen Singh was then holding the said post enjoying the higher pay scale of Rs. 1640- 2900/-. According to the petitioner, these two posts are Central Civil Services Class-Ill, non-ministerial, non-gazette post and are governed by a common Recruitment Rules issued by the North Eastern Regional Medical College Society, (NERMC society), Manipur, vide order dated 21.7.1986. The essential qualifications for appointment to the said posts of Health Educator are the same and these posts are to be filled up by direct recruitment.
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It may be noted here that earlier vide Memorandum dated 16.5.1988 (Annexure A/4 to the writ petition), the pay scale of the Health Educator was revised from Rs. 640-1410/- to 1600-2660/-. But in other Institutes like RIMS managed by the Govt. of India, the Health Educator has been assigned the revised pay scale of Rs. 1640-2900/- which was subsequently revised to pay scale of Rs. 5500-9000/- in the revision made on the recommendation of the 5th Pay Commission.
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Having learnt the said situation, the then Health Educator made a complaint for rectification of the said anomaly in the pay scale of Health Educator. Thereafter vide memorandum dated 15.5.1993, the pay scale of the Health Educator was again revised from 1600-2600/- Rs. 1640-2900/.
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During the year 1994, the Health Inspector, Male Health Worker and others claimed for increasing their scale of pay in comparison to the post of Health Educator. Thereafter, by the resolution of the 47th Management Committee Meeting of NERMC Society held on 23.2.1994, it has been decided to lower the pay scale of Health Educator as Central Health Services (C.H.S.) Scale from Rs. 1640-2900/- to 1400-2300/- for future recruitment. However, the then incumbent, namely, H. Rajen Singh, the Health Educator was allowed to enjoy the pay scale of Rs. 1640-2900/-.
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The petitioner made representations to the Director, RIMS, Iniphal on different times on 8.1.1998, 13.2.1998 etc. for granting him the higher scale of pay of Rs. 1640-2900/-. He also made representation before the Chairman, Executive Council, RIMS Society, NEC, Shillong for rectification of his scale of pay. Thereafter, vide memorandum dated 22.5.1998 (Annexure-A/11 to the writ petition), the Deputy Director (Adm. In-charge), RIMS, Imphal informed the petitioner that he was appointed in the pay scale of Rs. 1400-2300/- on 1.6.1995 and his claim cannot be granted.
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In the mean time, in terms of the recommendation of the 5th Pay Commission, another revision of pay has been ordered vide Memorandum dated 13.1.1998 to be effective from 1.1.1996. It is evident from the first schedule enclosed with the said Memorandum that the pay scale for the post of Health Educator shown in S1. No. 11 has been revised to Rs. 4500-7000/- whereas the other post of Health Educator shown in Sl. No. 14 of the same schedule has been revised to Rs. 5500-9000/-. the petitioner was allowed the pay scale at S1. No. 11 i.e., Rs. 4500-7000/-.
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According to the petitioner both the posts are identical in the department of community Medicine, RIMS. Giving of two different pay scales for the same post is highly irregular, irrational and is not maintainable in the eye of law. Such action of the respondents to reduce the pay scale of one post allowing the higher scale to similar other is unwarranted and violates the principle of 'equal pay for equal work'. Not only that, prescription of different scales for the same post also violates the provisions of Articles 14 and 16 of the Constitution of India. Such anomaly is required to be rectified. According to the petitioner, he is entitled to the higher pay scale and his pay scale is to be revised to Rs. 5500-9000/- with effect from 1.1.1996 as provided in S1. No. 14 of the First Schedule of the Memorandum dated 13.1.1998. Therefore, the petitioner filed the instant writ petition for issuing an appropriate writ by this Court as stated supra.
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The case of the respondents is that when the pay scale of Health Educator was revised to Rs. 1600-2660/- with effect from 1.1.1986 which was subsequently re-revised to Rs. 1640-2900/- with effect from 2.3.1993, some group of non-teaching employees including Health Educator submitted representation for rectification of pay anomalies. Thereafter, the Management Committee of NERMC Society constituted a Standing Committee to examine the matter. Then the recommendation of the Standing Committee was placed in the adjourned 47th Management Committee meeting of NERMC Society held on 23.12.1994 and it was agreed to the recommendation of the Standing Committee to lower the pay scale of Health Educator as CHS Scale from Rs. 1640-2900/- to Rs. 1400-2300/- for future recruitment, after carefully examining the matter. It is also the case of the respondents that as per...
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