Central Administrative Tribunal - Kolkata
Subrata Biswas vs Health on 7 June, 2022
at one 1 OA. 351.1133.2018 CENTRAL ADMINISTRATIVE TRIBUNAL © e--* KOLKATA BENCH, KOLKATA | Date of order: = -G 2b | No. O.A., 351/01133/2018 Present : Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member 1. Shri Subrata Biswas, Son of Late K.R. Biswas, Aged about 61 years, Residing at Umang Apartment, Meghdut Bus Stop, Near Mira Garden, T-5/4G, Madhyamgram, Pin - 700129, Retired as District Malaria Officer from Andaman & Nicobar Administration, Health Department. 2. Shri S.K. Sur, Son of Late K.C. Sur, Aged about 64 years, Residing at Joka Friends Housing Society Yeni Sarani Road, P.O. Joka, House No. 11/4 (KMC), Kolkata - '700 104, Retired as District Malaria Officer, Health Department, Andaman & Nicobar Administration. 3. Shri K. Komathinathan, Son of Late Kashi Viswanathan, Aged about 63 years, Residing at No. 263 A, East Fifth Cross Street, Co-operative Nagar, 8.5. Nallur, P.O, Vallalagram, District - Mayiladuthurai, Nagapatiinam, Pin - 600118, Retired from service as Filaria Inspector, Andaman & Nicobar Administration, Health Department, Port Blair, 4. Shri Devendar Lall, 2 O.A. 351.1133.2018 Son of Sri Brijbihari Lall, Aged about 54 years, Residing at Port Blair, . South Andaman, Pin -- 744101, Presently working to the post of Deputy Director, Malaria in Andaman & Nicobar Administration, Health Department, Port Blair. ©. Shri Anil Kumar, . Aged about 52 years, Son of Late P. Damudharan, Working as "D" Asstt. Malaria Officer, Residing at C/o. Dy. Director (Malaria), Port Blair, South Andaman, Pin -- 744 101. . Shri Madhu Prakash, Aged about 56 years, Son of Sri Anand Mashi, Residing at C/o Dy. Director (Malaria), Port Blair, South Andaman, Pin ~ 744 401, Working as Dy. Director (Malaria) in the Andaman & Nicobar Administration, Health Department, Port Blair. . Mr. K. Vara Prasad, Aged about 42 years, Son of Late Laxmi Narayan, Working as Deputy Director (Malaria), In the Andaman & Nicobar Administration, Health Department, Port Blair, Residing at Port Blair, District - South Andaman, Pin - 744 101. . Mr. Sanjay Lall, Aged about 38 years, Son of Shri Bishambar Lall, Working as Deputy Director (Malaria), Health Department, Port Blair, Residing at Port Blair, 10. 11. 12. 3 O0.A. 351.1133.2018 | South Andaman, Pin ~ 744 101. . Mr. Rajesh, Aged about 38 years, Son of Shri A. Sohan, Working as Deputy Director (Malaria), Residing at Port Blair, South Andaman, Pin - 744 101. Mr. Sehab Ali, Aged about 40 years, Son of Sabhan Ali, Working as Dy. Director, Residing at C /o Dy. Director Malaria, Port Blair, South Andaman, Pin -- 744 101: Mr. Johnson, Aged about 50 years, Son of Late O. Yohannan, Working as Dy. Director (Malaria), Residing at C/o Deputy Director (Malaria), . Port Blair, South Andaman, Pin -- 744 101. Srimati Martina Baby, Aged about 45 years, Daughter of Shri Ram Bhagat, Working as Dy. Director (Malaria), Residing at C/o. Deputy Director (Malaria), Port Blair, Dist. South Andaman, Pin ~- 744 101, 13, Abdul Lathif, Aged about 44 years, Son of Late M. Alvi, Working as Malaria Inspector, Residing at C/o. Dy. Director (Malaria), Port Blair, District - South Andaman, Pin - 744 101. _14. Srimati Durga Devi, Aged about 45 years, Daughter of Shri Kamaiah, 4 O.A. 351.1133.2018 Working as Filaria Inspector, Residing at C/o Deputy Director (Malaria), Port Blair, District - South Andaman, Pin -- 744 101. .... Applicants - VERSUS- . Union of India, Service through the Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi - 110 001. . The Secretary to the Government of India, Department of Expenditure, Ministry of Finance, Government of India, North Block, New Delhi --- 110 001. . The Director (ANL), Government of India, Ministry of Home Affairs, North Block, _ New Delhi - 110 001. . The Secretary to the Govt. of India, Ministry of Health & Family Welfare _ (Vector Borne Disease DESK), Nirman Bhavan, New Delhi, Pin - 110 011. . - The Under Secretary to the Government of India, (UT Level), . Ministry of Home Affairs, New Delhi ~ 110 011. . The Director, . Directorate General of Health Services, _ PH (CDL) Section, Nirman Bhavan, New Delhi ~- 110 O11. . The Director, National Vector Borne Disease Control Programme, 10. 11. 12. 13. 14, 5 O0.A. 351.1133.2018 Directorate General Health Services, Ministry of Health and Family Welfare, 22, Sham Nath Marg, New Delhi - 110 054. . The Andaman & Nicobar Administration Through Lieutenant Governor, (Administrator) Andaman & Nicobar Islands, Raj Niwas, _ Port Blair - 744 101, . The Chief Secretary, Andaman & Nicobar Administration, Secretariat, Port Blair, Pin - 744 101, The Principal Secretary (Health), Andaman and Nicobar Administration, Secretariat, Port Blair - 744 101. The Secretary (Health), Andaman & Nicobar Administration, Secretariat, Port Blair, Pin - 744 101. The Director of Health Services, Directorate of Health Services, Andaman & Nicobar Administration, Port Blair, Pin -- 744 101. The Deputy Secretary (Health), Andaman and Nicobar Administration, Secretariat, Port Blair, Pin -- 744 101. The Assistant Secretary (Health), Andaman Nicobar Administration, Secretariat, Port Blair, Pin -- 744 101, .... Respondents ee | 6 0A. 351.1133.2018 ars | : For the Applicant : Mr. P.C. Das, Counsel Ms. T. Maity, Counsel For the Respondents : Mr. R. Halder, Counsel ORDER
Per Ms. Bidisha Banerjee, Judicial Member:
The applicant in this O.A. has sought for the following reliefs:-
"(a) A leave be granted to move one single application jointly under -Rule 4(5)(a) of the Central Administrative Tribunal Procedure Rules, 1987 as all the applicants have got a common grievances and they are the similarly circumstance persons.
(b) To quash and set aside the impugned office order vide Ministry of Finance, Department of Expenditure E/III (B) being File No. 19(13)/E. IN(B) of 2014 dated 22 /21.05.2016 along with office order dated
2.11.2016 and the Order of Government of India, Ministry of Home Affairs, North Block, New Delhi being File No. U-14015/2/2014-ANL dated 22.11.2016 whereby and whereunder the claim of the applicants have been rejected for upgradation of pay scale of Malaria/Filaria Inspectors working under the Andaman & Nicobar Administration from Rs. 4000-6000 to Rs. 4500-7000 with effect from 01.01.96 along with the Andaman & Nicobar Administration's order dated 16.12.2016 being File No. 24-16(211)/2014-MPH communicated the decision of the Ministry of. Finance along with the Ministry of Home Affairs regarding rejection of the - applicants' claim vide their communication letter dated 28.5.2018 to all the applicants being Annexure A-51 of this O.A.
(c) To quash and set aside the impugned order communicated by the Ministry of Home Affairs, Government of India, addressed to the Chief Secretary, Andaman & Nicobar Administration by which they have disagreed for grant of benefit of upgradation pay scale in favour of the applicants with effect from 01.01.96 in the pay scale of Rs. 4500-7000/-.
(d) An order be passed setting aside the impugned letter dated 14th March, 2014 whereby rejected the claim for upgradation of pay scale for the post of Malaria/Filaria Inspector from Rs. 4000-6000/- to Rs. 4500-7000 /- with effect from 1.1.1996 and stated that the proposal for upgradation of pay scale of Malaria/Filaria Inspectors is rather clear upgradation of post and as such attract the provision of Office Memorandum No. 7(18)- E.Coord/91 dated 16.9.1991 and, furthermore, there is a total ban on creation of posts and, therefore, there as advised by Integrated Finance Division (Home), the Union Territory of Andaman and Nicobar Administration may re-submit their proposal as per Department of Expenditure Office Memorandum No. 7(1)E. Coord/2006 dated 24.2.2006 so that the same may be taken up with the Respondent No. 2. -
(e) An order be passed directing the respondent authorities particularly the respondent No. 1, 2 and 4 to accord sanction for upgradation of pay Scale for the post of Malaria/Filaria Inspector working under the respondent No. 13 from Rs. 4000-6000/- to Rs. 4500-7000/- with effect from 1.1.1996 at par with their counter parts working under the Delhi Administration, Union Territory of Daman and Diu and Union Territory of Dadra and Nager Haveli.
{(f) An order be passed directing the respondent authorities particularly the respondent Nos. 1, 2 and 4 to provide the applicant the scale of pay of Rs. 4500-7000/- for the period from 1.1.1996 (from the date of implementation of Vth Pay Commission) to 31.12.2005 at par with 7 O.A. 351.1133.2018 Malaria Inspector working under the Delhi Administration, Union Territory of Daman and Diu and Union Territory of Dadra and. Nager Haveli and consequent upon the extension of financial upgradation under ACP Scheme the scale of pay of the applicant would fixed at Rs. 9300-34800/- with Grade Pay of Rs. 4200/- with effect from 09.08.1999 with all consequential benefits.
(g) An order be passed directing the respondent authorities to transmit the | original records of the case, so that after perusing the same conscionable justice may be rendered to the applicant deprecating hostile discrimination between equals, :
(h) Any other relief or reliefs, order or orders, direction or directions as Your
-Honour may deem fit and proper."
2. The grievance alluded would be as under:-
That, after a fair selection process all the applicants were appointed as Malaria/Filaria Inspectors under the respondent nos. 12 and 13 against the existing vacancy in the scale of pay of Rs. 330-10-380-EB- 12-500-EB-15-560 plus usual DA and other allowances as admissible under the rules. That, consequent upon implementation of IVth pay Commission, the applicants were brought in the scale of Rs. 1200-30- 1560-EB-40-2040 to Rs. 4000-6000/- with effect from 01.01.1996 in the | Vth Pay Commission, vide order No. 304 dated 31.10.1997. Further, on the recommendations of the Group 'C' Screening Committee, the applicants were granted first financial upgradation under ACP Scheme in the scale of pay of Rs. 4500-125-7000/- with effect from 09.08.1999 and second financial upgradation in the scale of pay of Rs. 5500-175-9000/- with effect from 22.11.1999. Consequently upon awarding 3 financial upgradation under MACP Scheme the scale of the applicant was fixed at Rs. 9300-34800/- with Grade Pay of Rs. 4600/-.
That, on the recommendation of the Group "C" Departmental > Promotion Committee, vide order No. 4044 dated 11.11.2009 the applicants were promoted to the post of Assistant Malaria Officer in the scale of pay of Rs. 5200-20200/- with Grade Pay of Rs. 2800/-. That, after implementation of 6th Pay Commission, the pay of the applicants 8 O.A. 351.1133.2018 were brought in the scale of pay of Rs, 9300-34800/- plus Grade Pay of Rs. 4200/- with effect from 1.1.2006.
That on the recommendation of the Group "p> Departmental Promotion Committee, vide order No. 2553 dated 07.07.2011 the applicants were promoted to the post of District Malaria Officer in the scale of pay of Rs. 9300-34800 /- plus Grade Pay of Rs. 4200 /-. | That the applicants are working under the respondent Nos. 12 and 13 under the direct supervision of the respondent no.7 and is member of the Andaman & Nicobar Islands National Vector Borne Disease Control Programme (Malaria) Govt. Employees Association, Port Blair. After the merger of post of Laboratory Assistant with that of Malaria Inspectors working under the respondent No.7 the scale of pay of Malaria Inspector was upgraded from 4000-6000 to Rs.4500-7000 and expenditure Sanction was accordingly accorded by the respondent no.2 on 21.03.2003 giving retrospective effect on and from 01.01.1996. After the _ scale of pay of Malaria/Filaria Inspectors working under the respondent respondent nos. 1, 2 and 4 for an upgraded pay scale of Rs.4500-7000 with effect from 01.01.1996 and the same was allowed in their favour. Emboldened thereby an Association of the applicants made several representations to the respondent no.1 to 8 as they are similarly circumstanced, as that of their counterparts working under the » respondent No.7 and the Malaria/Filaria Inspectors under the Union Territory of Daman and Diu and Union Territory of Dadra Nagar for Haveli for the upgraded scale of pay of Rs.4500-7000 instead of Rs.4000- 6000. Accordingly recommendations were made by the Andaman and 9 O0.A. 351.1133.2018 Nicobar Administration for upgradation of scale of pay of Malaria/Filaria Inspectors to Rs.4500-7000 with effect from O1 01.1996 but nothing yielded. Finally vide impugned letter dated 14.03.2013 the office of the respondent No. 1 informed the respondent No.10 that the upgradation of pay scale of Malaria/ Filaria Inspectors are rather clear upgradation of the post as such attracts the Provisions contained in the office | memorandum No. 7(18)-E. Coord/91 dated 16.09.1991 and, furthermore, there is a total ban on creation of posts and therefore as advised by Integrated Finance Division (Home), the Union Territory of Andaman & Nicobar Administration may resubmit their proposal as per department of expenditure OM No. 7(1)E.Coord/2006 dated 24.02.2006.
That, as per recruitment rules published in the Extraordinary Gazette dated 22 February, 1988 the scale of pay of Malaria/Filaria Inspector was Rs. 950-1400/- and educational qualification has been earmarked at 10+2. All the applicants satisfied the eligibility condition of = the recruitment rules. That recruitment rules got subsequently amended vide notification dated 25.10.2010, 04.06.2013 and 03.12.2015. However, all the applicants from the very beginning satisfied of the eligibility condition in terms of the said recruitment rules.
They are aggrieved as the Andaman & Nicobar Administration, Department of Health, despite fulfillment of all eligibility criteria as per eligibility rules, refused to upgrade the pay scale of Malaria/Filaria Inspector from Rs.4000-6000/- to Rs.4500-7000/- with effect from 01.01.1996 vis-a-vis the identical placed employees working under the | other Union territory like Goa, Daman, Diu and NCT New Dethi] who have been granted such higher pay scale. It is alleged that discrimination by violation of Article 14 and 16 of the Constitution of India were meted out to them. As such all the applicants filed original applications 10 O.A. 351.1133.2018 separately before this Tribunal in O.A. No. 351/00124/2014 and O.A. 351/00119/2014 for upgradation of pay scale of Malaria/Filaria Inspectors in Andaman & Nicobar Islands from Rs.4000-6000/- to Rs.4500-7000/- since all the applicants have common grievances.
This Tribunal vide its order dated 24.12.2014 passed a common order regarding all the applicants' case which is inter alia as follows:
"Since the matter has to be referred to the Ministry of Finance, unless the decision taken up by the Ministry of Finance goes to the prejudice of the present applicants, no cause of action said to have arisen. On that count the present O.A. is premature. However, the matter seems to be not yet referred to by the local administration.
In such view of the matter the O.A. is disposed of with a direction upon the respondent authorities to act in terms of communication dated 14.03.2014. Upon such reference made by local administration, the respondent no.2 shall take a decision within a period of 3 months thereafter and shall communicate the decision so taken to the.administration."
It is alleged that after the said order passed by this Tribunal, the Ministry of Home Affairs vide communication dated 22.05.2015 addressed to the Chief Secretary, Andaman & Nicobar Administration referred the matter to the 7th Pay Commission simply to frustrate their claim whereas the matters ought not be referred to the 7th Pay Commission. The applicant thus claims that he along with others are getting deprived of the scale of Rs.4500 7000/- with effect from 01.01.1996 which benefit the similarly placed employees of other Union . territories have already been granted by the Ministry of Home Affairs with approval of Ministry of Finance.
That, being highly aggrieved with the inaction or non-action, all the applicants preferred contempt proceedings, being CPC No. 351/00023 of 2015 and CPC No.381/00027 of 2015 etc. before this Tribunal. This | Tribunal vide its order dated 08.10.2015 in the contempt proceeding inter alia held and ordered as follows; (extracted with emphasis added) 11 O.A. 351.1133.2018 "The short point for consideration is as to whether there is violation of the order passed by the CAT on 24.12.2014 in O.A, 351/ 1244/2014, 'No doubt even though in para 4 of the said order of CAT, there is no expression contained to the effect that Home Ministry should refer the matter to the Finance Ministry, yet there is a clear direction to the effect that the communication dated 24.02.2006 should be adhered to. The same Home Ministry in the communication dated 14.03.2014 categorically took up the stand that the matter would be referred to Ministry of Finance for reasons set out therein. However, after passing of the order by CAT, the Ministry of Home Affairs instead of sending the matter to the Ministry of Finance simply held_that_7" Pay Commission would consider this. In our opinion, such a stand would amount to undermining the applicant's aspirations to get some remedy at the hands of the administration: As such, while holding that there is no contempt, we would like to reiterate our earlier_order_that the communication dated 14.03.2014 of Ministry of Home Affairs should be implemented. Hence, as expeditiously as possible, the Ministry of Home Affairs shall refer the matter to the Ministry of Finance which could consider the matter.
CPC is accordingly closed."
Such impugned order dated 02.11.2016 issued by the Ministry of Home Affairs vide impugned order F. No.U.14015/2/2014 ANL dated 22.11.2016 rejecting the claim of the applicants on the basis of the report of Ministry of Finance, orders have been communicated to by the Assistant Secretary, Health vide impugned letter dated 16.12.2016 to the Director of Health Service under whom the applicants are serving and © the said impugned order in respect of rejection of the appellants' claim was ultimately communicated to the Andaman & Nicobar Administrator of Health Service, Port Blair vide office letter dated 28.05.2018, after a considerable delay.
Aggrieved of the orders passed by the Ministry of Finance, Department of Expenditure and subsequently, order issued by the Ministry of Home Affairs, New Delhi along with the Andaman & Nicobar Administration, the applicants would prefer this Original Application in their second round for redressal of their grievances.
3. The respondents have repelled the contentions having averred as under; simply reiterating this stand of the Ministry of Finance as under:
(i) It would disturb the vertical relativity of the post among the UTS.
(\ 12 0.A. 351.1133.2018 Multipurpose Health Worker (Male) Course from reco ized_institutions. Whereas, the essential qualification for recruitment to the Inspector in UT of Andaman and Nicobar Administration Islands _the post of Malaria/Filaria Administration is Higher Secondary in Science, without any qualification of Nicobar Administration Islands is Assistant Malaria Officer which is the pre- revised scale of Pay of Rs.4500-7000. Up gradation of the post of Malaria/Filaria Inspector to a scale equivalent to its Promotion, post, would lead to further demands from the Assistant Malaria Officer for up-gradation of their pay scale.
(v) The 7% CPC, which is an Expert body, constituted under the Chairmanship of a retired Supreme Court judge has also not given any recommendations for the up-gradation of the post of Malaria/Filaria Inspector."
4. Since underlying disparity in the Recruitment Rules of Malaria/Filaria Inspector of the A&N Islands and that of Daman & Diu were urged, the rules were compared and following position discerned; For Daman & Diu, the RR of 1967 held the field when the proposal for upgradation of pay scale of Malaria Inspector was mooted and agreed to in 2010 w.e.f. 1.1.1996, later on it was modified.
Whereas, for the A&N Islands, the RR it is as under:- .
"61. Malaria6 Do Rs. 130-5 N.A, 18 to 25 Matriculate or equivalent N.A. Do Direct Recruitment N.A. N.A. Do"
-160-6- 200-EB-6 200 SCHEDULE ~ | RECRUITMENT RULES FOR THE POST OF MALARIA/FILARIA INSPECTOR IN THE A & N HEALTH DEPARTMENT
1. Name of post Malaria/Filaria Inspector 2, No. of post 25 (Twenty Five)* 2013 *Subject to variation depending upon the workload
3. Classification General Central Services Group 'C', Non-Gazetted/N on-Ministerial
4. Pay Band/Grade Pay/Scale of Pay | PB-I Rs. 5200-20200 Plus Grade Pay Rs. 2400
5. Whether selection post or non- | Selection selection post?
6. Age limit for direct recruitment 18-33 years for male candidates & 18- 38 years for female candidates (Relaxable in the case of Govt. Servants for 5 years in accordance with the orders in force iF The crucial date for determining the age limit shall be the closing date for receipt 13 O0.A. 351.1133.2018 of names from Employment Exchange/ application forms form candidates 7, Educational and other | Essential:
qualifications required for direct 1, Passed Senior Secondary School recruitment Examination (XIIth Std.) with Science Stream from a recognized Board/Institution.
Desirable:
1. Degree from any recognized University / College
8. Whether age and _ educational | Not applicable qualifications prescribed for direct recruits will apply in the case of promotes?
9. Period of probation, if any 2 (Two) years for direct recruitment
10. Method of recruitment, whether by | 25% by direct recruitment and 75% direct recruitment or by promotion Promotion, failing which -by direct or by deputation/absorption and | recruitment percentage of the posts to be filled by various methods
11. In__case__of recruitment by Promotion:
promotion/deputation/absorption, | From amongst the Insect Collector with grade from which | Grade Pay of Rs. 1900 in PB-1 Rs. promotion/deputation/absorption | 5200-20200 with 8 years regular is to be made. service in the grade working in the NVBDCP or a combined service of 11 years in the grade of Insect Collector and Surveillance Worker of the Department of which at least 3 years regular service should be as Insect Collector. The Insect Collector/Surveillance Worker with Xth Standard pass shall only be considered for promotion 12, If a DPC exists, what is its | Group 'c' DPC (for composition? Promotion/Confirmation consisting |. of:-
1. Director of Health Services -
_ Chairman
2. Director of AH & VS -
Member
3. Medical Superintendent -
Member G.B. Pant Hospital
13. Circumstances in which UPSC is | Not applicable to be- consulted in making recruitment
14. __.| Duties and responsibilities As per Annexure to Schedule attached
5. In view of the above comparative chart at the material time where proposal was mooted for Daman. & Diu, there was hardly any requirement for Malaria/Filaria Inspectors to possess Multipurpose Health Worker (Male) course to earn upgraded pay scale, as nothing of the sort could be deciphered as claimed in the reply.
could be noted.
Not much heterogeneity in the relevant RR of the material time 14 0.A. 351.1133.2018 On the contrary, it would be profitable to quote the Recommendation / Forwarding of the proposal by the Director of Health Services to the Principal Secretary (Health) emphatically declaring about the parity in the "nature of duties and education qualification" of the Malaria/Filaria Inspector of UT of A&N and that of Goa, Daman & Diu and of upgradation of pay scale of Malaria/Filaria Inspectors of Goa, Daman & Diu only, depriving identical benefits to the Malaria/Filaria Inspectors of UT of A&N. It reads as under:
To, {Emphasis supplied} The Principal Secretary (Health) A&N Administration Port Blair.
Sub: Up-gradation of Pay Scale of Malaria / Filaria Inspectors from 4000- 100-6000 to 4500-125-7000 reg:
Madam, Regarding the pending up-gradation of Pay Scale of Malaria / Filaria Inspectors working under this Directorate, I am to state the following few paragraphs for your kind information and early necessary action.
(1) The pay scale of Malaria/Filaria Inspectors has been upgraded from Rs.
4000-6000 to Rs. 4500-7000 with effect from 1/1/1996 by the recommendation of the V th Central Pay Commission and consequently the pay scale has to be refixed in PB-1 Rs.5200-20,200 with Grade Pay of Rs. 2800/- as per the recommendation of the VI th Central Pay Commission.
2) In this connection a letter bearing no. 25-6/2003-MPH dated 6/12/2010 was written by the Assistant Secretary (Health), A & N Administration to the Director of NVBDCP, Directorate of NVBDCP, New Delhi requesting for approval for the same upgradation of the pay scale after explaining the matter fully. Further reminder/follow up was done vide A & Administration letter no. 25- 6/2003-MPH dated 6/12/2010, dated 14/3/2011 and 21/05/2011 (Copies Enclosed).
3) After protracted correspondence by the Director of Health Services vide letter no. F No. 2-37/2012-DHS/3789 dated 22/08/2012.and Assistant Secretary (Health), A & N Administration with Directorate of NVBDCP, Delhi, Director General of Health Services, Nirman Bhawan, New Delhi and others, it is now clear that the up gradation of Pay Scale of the Malaria /Filaria Inspectors working under this Directorate of A & N Administration has to be done by A & N Administration only and this inference is evident from the letter Nos. A 60011/25/2012 - PH (CDL) dated 07/05/12, 66/RTI-2011-PH (CDL) dated 17.05.12, File No. 06/RTI-2011-PH (CDL) dated 21.11.12. (Copies Enclosed).
4) Also it is to inform that, similar up-gradation of Pay Scale of the Malaria/Filaria Inspectors of Daman, DIU & DNH has been done by the Administrator of Daman, Diu & DNH vide letter no. CMO/Estt./24-78/11/1276.
dated 09/04/12 (Copy enclosed). :
5) But the similar _up-gradation of the pay scale of the Malaria/Filaria Inspectors of A & N Islands has not been done so far though they are in the same footing and their nature of duties and educational qualification are also same with the Malaria Inspector/Filaria Inspectors of other states of India & UTS.
mt 15 OA. 351.1133.2018 .6) The payment of Malaria Inspector / Filaria Inspectors are made from fund allocated as grant In Aid directly from GOI through NVBDCP/NRHM (Treasury Route) and it has no nexus with general fund of A & N AGéministration and therefore there will be no financial implication on A & N Administration if the same up-gradation is implemented.
After going through the matter in detail, it is recommended and requested that the following up-gradation of Pay Scale and Grade Pay of Malaria / Filaria Inspectors under this Directorate of Health Services, A & N Administration may be kindly be ordered immediately.
i) Up-gradation of pay scale of Malaria/ Filaria Inspectors from Rs. 4000- 100 6000 to 4500-125-7000 (as per Vth Pay Commission) with effect from 01/01/1996.
ii) Re-fixation of pay in the PB-1 Rs. 5200-20,200 with grade pay Rs.. 2800 (as per VI Pay Commission) with effect from 01 /01/2006. , All available previous correspondence records are enclosed date wise herewith for kind perusal and early order.
Yours faithfully,
-sd-
Dr. S.K. Paul Director of Health Services"
Having regard to the principle of welfare of the employees in UTs, we would further decipher that the Malaria/Filaria Inspectors of Daman & Diu were extended the upgraded pay scale of Rs. 4500-7000/- by virtue of an order passed by Mumbai Bench of Central Administrative Tribunal, as noted below, with no reference to the entry qualification or financial implications.
No. FS/DMHS/RJ/CAT/2010-11/3058 Administration of Daman & Diu, O/o. Finance Secretary, Secretariat, Moti Daman, Daman-396210.
Dated:30/09/2010.
Read:-.
1. Order No.CAT/MUM/JUDL/OA-308/08/6994 dated 20/10/2009 from Hon'ble Central Administrative Tribunal, (CAT) Mumbai Bench, Mumbai.
2. Letter No. U-14015/4/2010-CPD dated 21 {09/2010 from Ministry of Home Affairs, New Delhi.
ORDER Consequent upon the order passed by the Hon'ble Central Administrative . Tribunal, (CAT), Mumbai Bench, Mumbai vide order at preamble 1 above and approval conveyed by the Ministry of Home Affairs, New Delhi vide letter at preamble 2, the Hon'ble Administrator, Daman, Dju & DNH is pleased to upgrade the pay scale of the post of Malaria Inspector in the Union Territory of Daman & Diu from Rs. 4000-100- 6000 to Rs. 4500-125-7000/-w.e.f. 01/01/1996.
> # ¢ y ce 16 0A. 351.1133.2018 This is issued with the approval of the Hon'ble Administrator, Daman, Diu & DNH vide diary, No. 5625 dated 24/09/2010 and, financial concurrence by the Finance Department, Daman & Diu vide diary No. 1235 dated 06/07/2010, By order and in the name of the Administrator of Daman, Diu & DNH (P.J. Bamania) Joint Secretary (Health)"
6. In the aforesaid backdrop, having noted that there no dissimilarity in the entire qualification and nature of duties and responsibilities of the applicants and the RRs (supra) of the Malaria Inspectors of A&N vis-a-vis the Malaria Inspectors of Daman & Diu are not at much variance, we would be constrained to hold that the Malaria / Filaria Inspectors of A&N Islands would deserve identical upgradation as they have sought for, at par with the counterparts of UT of Gea Daman and Diu.
7. Hence, the matter be referred to the appropriate Ministry for a reconsideration to issue its order within six months.
8. The present O.A., accordingly, stands disposed of. No costs.
| od | (Dr. Nandita Chatterjee) (Bidisha Banerjee) Administrative Member Judicial Member SP