Central Administrative Tribunal - Delhi
Techincal Staff Operation Theatre ... vs Govt. Of Nctd on 20 July, 2023
1
Item No. 47 O.A. No. 2188/2016
Court No. III
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 2188/2016
This the 20th day of July, 2023
Hon'ble Mr. Anand Mathur, Member (A)
Hon'ble Mr. Manish Garg, Member (J)
1. Technical Staff Operation Theatre Association [Regd.]
Through Mr. Sanjay Kumar,
It's General Secretary
HO: C.S.S.D, Ground floor,
New OT Block,
Lok Nayak Hospital
New Delhi-110002
2. Mr. Ajay Kumar
Age 40, Operation Theatre Assistant,
DHAS,
S/o Shri G. Singh
R/o DDA Flats,
Mansarover Park,
Shahadara,
Delhi 110032
...Applicants
(Through Advocate: Mr. Anmol Pandita)
Versus
Government of N.C.T. Delhi,
[Service to be effected upon/through
Its: Principal Secretary (H & FW),
At: Health and Family Welfare Department,
9th level, Delhi Secretariat, I.P. Estate,
New Delhi: 110002.]
...Respondent
(Through Advocate: Mr. Amit Anand)
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Item No. 47 O.A. No. 2188/2016
Court No. III
ORDER (Oral)
Hon'ble Mr. Anand Mathur, Member (A) In the present O.A. the applicant has sought the following relief(s):-
"8. a. Directing respondents to grant pre-revised pay scale of Rs.4000-6000 from 01.01.1996 to the Operation Theatre Assistants / CSSD, working under 'GNCTD' in consonance with Para 52.111 of 5th CPC notified vide resolution dated 30.09.1997 with arrear alongwith interest @ 9 % per annum, with all consequential reliefs and benefits;
b. Any other or further order or direction to grant complete relief to the applicant."
2. At the outset, learned counsel for the respondents draws our attention to a communication dated 18.07.2023 sent by the respondents addressed to him, which reads as under:-
"SUB: O.A. No.2188/2016 titled as Technical Staff Operation Theatre Association Vs. GNCTO & Ors-Reg.
Sir, Kindly refer to your telephonic query on 17/07/2023 seeking clarification as to whether the mater in the instant OA is identical to the case in OA no. 3963/2016.
In this context it is informed that after examining the record, it is observed that the prayer raised by the applicants is same in both the OAs. However, an affidavit dated 15.02.2017 had already been filed by the Department in the matter in OA/2188/2016, wherein it is mentioned that:
Para 6 - That is pertinent to mention here that the H&FW Department, Govt. of NCT of Delhi, generally follow the guidelines/orders of Ministry of H&FW, Govt. of India. However, with regard to enhancement of grade pay in respect of Operation Theatre Assistant working under H&FW, Govt. of NCT of Delhi, no such orders has been received from Ministry of H&FW, Govt. of India. Hence, the claim made by the applicants of instant OA cannot be considered.3 Item No. 47 O.A. No. 2188/2016
Court No. III Para 7-That it is further submitted that hierarchy, RRs, pay structure, etc. in respect of Operation Theatre Cadre exists in ESIC is not known to this department as the H&FW Department, GNCTD is not follow the hierarchy, RRs, pay structure, etc. of ESIC. Hence, claim of the applicants of instant OA cannot be considered."
The stand of the Department is same as on the date of filing of Affidavit i.e. 15.02.2017.
This issues with the prior approval of Competent Authority."
3. Learned counsel for the applicant agrees that in the said O.A. No. 3963/2016 decided on 29.09.2022 similar relief had been sought by the applicant. For the sake of clarity the said order is reproduced herein below:-
"The applicants, who are working as O.T. Assistants under the respondents, have sought the following reliefs:-
"1. To extend the benefits of the 5th Pay Commissions revised report of 30.09.1997 to the applicants and grant the pay scale of Rupees 4000-100-6000 w.e.f. 01.01.1996 along with all consequential benefits. Same pay scale has been replaced in Rs.5200- 20200/- Grade Pay Rs.2400/- as per 6th C.P.C. and directs the respondent to pay interest on the arrears of pay till the date of payment.
2. Award the cost of the O.A.
3. To pass any other orders as deemed fit and proper in the facts and circumstances of the case."
2. In nut shell the grievance of the applicants are that they ought to have been given scale-7 Rs.4000- 100-6000, PB-I in the corresponding pay Band Rs.5200-2200 and corresponding Grade Pay of Rs.2400, which has been denied to them.
3. It is stated that similarly situated persons filed OA No. 2995/2014 and OA No. 2996/2014, which were allowed by this Tribunal by a common order dated 19.04.2016. However, when the respondents were not implementing the aforesaid order of this Tribunal, the applicants made representation to the respondents against non-implementation of the aforesaid order, but did not yield any result. Hence, they have approached this Tribunal for grant of the same.
4. Notices were issued to the respondents who filed their reply submitting therein as under :-
4 Item No. 47 O.A. No. 2188/2016Court No. III "(i) O.T. Attendant - Rs.750-940 with 2 ACP levels of Rs.775-1025 and Rs.800-1150 with minimum 8th Standard qualification at entry.
(ii) O.T. Assistant - Rs.950-4500 with 2 ACP levels of Rs.1200-2040 and Rs.1400- 2300 with minimum qualification of matriculation (with Science) plus certificate or 10 + 2 with Science for direct certificate or 10 + 2 with Science for direct recruitment; and
(iii) O.T. Technician - Rs.1600-2660 with 2 ACP levels of Rs.1640-2900 and Rs.2000- 3500 with minimum B.Sc.
plus Diploma Certificate in the relevant subjects.
It is further submitted that the representations received from Operation Theater's Technical Staff working in Dr. RML Hospital and Safdarjung Hospitals regarding certain inconsistencies with regard to pay scales to OT Technicians and Senior OT Technicians consequent on implementation of 5th Central Pay Commission Report were examined by the Ministry of Health and Family Welfare in the year 2011.
It is pertinent to mention here that as per existing RRs for the post of OT Technical staff in both the hospitals, OT Technicians are recruited through 100% by promotion, failing which by direct recruitment (Annexure R-3). The qualification prescribed for the feeder grade is 10 + 2 passed in Science with Physics, Chemistry, Biology and 1 year experience from minimum fifty bedded Hospital."
5. However, the applicants have relied upon a decision of this Tribunal in OA No. 2995/2014, titled as Dharambir Singh Ranga & Ors. vs. Union of India & Ors. and, in paras 52.75 to 52.78 of the report of the 5th Pay Commission (Annexure R-1), a specific direction was given for OT Staff, which reads as under:-
"52.75 Operation Theatre Technical Staff working in the operation theatres of Central Govt. Hospitals comprise Technical Officers/Superintendent, Supervisors, Technicians, Assistants and Attendants, spread across pay scales ranging from Rs.800-1150 to Rs.2000-3500. They also include staff in sterilisation services.
52.76 The Operation Theatres of the Central Govt. are located in the four major hospitals Safdarjang, RML, LHMC and JIPMER- besides hospitals of the Indian Railways and Ordnance Factories. Numbering 290 in these organisations, they are distributed as follows:-
Hospital. OT OT OT Other Tot
Attdts. Asstts. Technicians s al
JIPMER 4 10 10 - 24
LHMC 2 5 15 - 22
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Item No. 47 O.A. No. 2188/2016
Court No. III
Sadarjang 4 73 33 1 111
RML 30 -- 20 - 50
Railways - 67 NA - 67
Ordnance - 15 1 - 16
Factories
Total 40 170 79 1 290
The Operation Theatre Technicians Association has represented that the pay scales of O.T Technical Staff and Laboratory Technical Staff in hospitals used to be same after the implementation of the recommendations of the Third CPC. But the Fourth CPC recommended lower pay scales for the O.T. Technical Staff in comparison to the Laboratory Technical Staff with comparable educational qualifications and nature of duties. They have also pointed out that the Fourth CPC recommended that Group 'C & 'D' technical employees working in different hospitals may be given promotion after 15 years of service. They have also demanded payment of an O.T. allowance and enhancement to 60 years of the age of superannuation.
52.78 The Operation Theatre Technicians have the following relativity of posts with the Laboratory Technicians:
O.T. TECHNICIAN LABORATORY
TECHNICIANS
Post Pay Post Pay
Scales Scales
(Rs.) (Rs.)
O.T. Tech 2000- Lab. Tech. 2000-
Officer/Supdt. 3500 Officer/Supdt. 3500
O.T. Tech. 1640- Lab. Tech 1640-
Supervisor 2900 Supervisor 2900
Sr. O.T. Tech 1400- Lab. Tech. 1400-
2300 Asstt. 2300
O.T. Tech. 1200- Lab Tech. 1320-
2040 2040
O.T. Asstt. 950- Lab. Asstt. 975-
1400 1540
O.T. Attdt. 800- Lab. 800-
1150 Attendant 1150
6. According to the respondents the stipulation provided in the report of the 5th CPC pertains to future recruitment and not for the existing incumbents. It is averred by the learned counsel for respondents that the educational qualification of OT Technicians and Senior OT Technicians cannot be changed/upgraded to degree at the entry level for the simple reason that for prescribing the degree at the entry level, it has to be done even for the feeder grade through amendment of the existing RRs applicable to future recruitment of the cadre of OT Technical staff. He further submits 6 Item No. 47 O.A. No. 2188/2016 Court No. III that insofar as grant of benefit of the order of this Tribunal dated 19.04.2016 is concerned, specific direction for the OT staff contains in para 52.78 of the report of the 5th CPC. Hence, the applicants are not entitled to the said benefit as per clause XXII, Para 52.111 of 5th CPC Report.
7. Heard learned counsel for both the parties at length.
8. The sole question, which arises for adjudication before this Tribunal, is whether the applicants are entitled to Grade Pay of Rs.2400/- or not in terms of the 6th Pay Commission granted to the other employees holding analogous post in various other hospitals? The respondents stand is that the same benefit cannot be granted to the applicants as there is some inconsistency in the pay scales.
9. Be that as it may, learned counsel for the applicants submits that the matter is still sub-judice before the Hon'ble Delhi High Court in W.P. (C) No. 18/2015, which is affirmed by the learned counsel for the respondents.
10. In this view of the matter, we hereby dispose of the present OA with a direction to the respondents to implement the direction of this Tribunal in OA No. 2995/2014, titled as Dharambir Singh Ranga & Ors. vs. Union of India & Ors. (supra), subject to the outcome of the W.P. (C) No. 18/2015, pending adjudication before the Hon'ble Delhi High Court.
There shall be no order as to costs"
4. On hearing both the learned counsel for the parties and with their consent, the O.A. is disposed of with the following directions:-
4.1 The respondents are directed to implement the direction of this Tribunal in OA No. 2995/2014, titled as Dharambir Singh Ranga & Ors. vs. Union of India & Ors.
(Supra), in favour of the applicant herein also, subject to the outcome of the W.P. (C) No. 18/2015, pending adjudication before the Hon'ble Delhi High Court.
7 Item No. 47 O.A. No. 2188/2016Court No. III 4.2 The aforesaid exercise shall be completed within a period of four weeks from the date of receipt of a certified copy of this order.
5. No order as to costs.
(Manish Garg) (Anand Mathur)
Member (J) Member (A)
/SG/