Punjab-Haryana High Court
Kulbir Singh Bhalla vs The Secretary Department Of Research ... on 13 May, 2013
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 17588 of 2000 (O/M)
Date of Decision : 13.5.2013
Kulbir Singh Bhalla ..... Petitioner
Versus
The Secretary Department of Research and Medical Education, Punjab and
others ..... Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. R.S. Manhas, Advocate, for the petitioner.
Mr. Hari Pal Verma, Additional Advocate General, Punjab.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court praying for quashing of the order dated 14.3.2000 (Annexure-P-13), vide which the case of the petitioner for the grant of pay scale of Rs. 480-880 with effect from the date of his appointment, stands declined by the respondents.
Briefly the facts are that the petitioner in response to the advertisement issued by the Director, Research and Medical Education, Punjab, applied for the post of Dental Hygienist. He was interviewed on 24.6.1980. After selection by the Departmental Selection Committee, he was offered appointment in the pay scale of ` 400-660 on temporary basis, vide appointment letter dated 5.9.1980. In pursuance thereto, petitioner joined his duties in the Government Dental College and Hospital, Amritsar on 19.9.1980. Prior to the appointment of the petitioner, one Shri Krishan Lal Khanna was working as a Dental Hygienist in the Government Dental College and Hospital, who was granted the pay scale of ` 480-880. Accordingly, CWP No. 17588 of 2000 -2- petitioner who possess the same qualification and was performing the same duty and had been appointed on the same post, approached the respondents claiming the benefit of pay scale of Rs. 480-880. Even under the Statutory Rules, the post of Dental Hygienist has been placed in the pay scale of Rs. 480-880 at the time when the petitioner was appointed. The said post of Dental Hygienist was re-designated on 15.4.1986 by the department as Dental Hygienist/Chair Side Assistant having the same pay scale and qualification.
Petitioner served a demand of justice notice upon the respondents. The said notice of the petitioner was duly considered by the Principal, Government Dental College and Hospital, Amritsar-respondent No. 3 and his case was forwarded to the Director, Research and Medical Education, Punjab, vide memo dated 9.3.1992 alongwith a note detailing therein the work performed by the petitioner. The case of the petitioner was strongly recommended for the grant of revised pay scale of ` 1200-2100 with effect from 1.9.1986. In response thereto, vide letter dated 16.2.1993 (Annexure-P-6), office of the respondents No. 1 and 2 sought the financial implications in case of upgradation of the pay scale of the petitioner, to which reply was submitted by respondent No. 3, vide letter dated 9.9.1993. Thereafter, no further action has been taken by the respondents despite various requests made by the petitioner. He has, therefore, now approached this Court by way of present writ petition claiming the grant of pay scale of ` 480-880 with effect from the date of his appointment and consequential revisional pay scale thereafter as per the reports of the Pay Commissions, which have come into existence and have been accepted by the respondents.
Counsel for the petitioner states that the petitioner has been appointed as a Dental Hygienist, which post carried the pay scale of ` 480- CWP No. 17588 of 2000 -3- 880 under the statutory Rules governing the service. Merely because the petitioner has been offered the appointment in the pay scale of ` 400-660 and in pursuance whereof petitioner had joined the said post, petitioner cannot be deprived of the benefit conferred upon him under the statute. He further contends that except for the post held by the petitioner in the Government Dental College and Hospital, Amritsar, in all other places wherever posts of Dental Hygienist/Chair Side Assistant (re-designated with effect from 15.4.1986) exist, pay scale of ` 480-880 stands granted and the consequential pay revisional benefits, which the petitioner has been deprived of, resulting in violation of Articles 14 and 16 of the Constitution of India as the petitioner has been discriminated against. He on this basis contends that the writ petition deserves to be allowed with a direction to the respondents to grant the him (petitioner) the pay scale of ` 440-880 with effect from the date of his appointment with the consequential pay revisional benefits for the post as per the recommendations of the Pay Commissions.
Counsel for respondents, on the other hand, contends that the petitioner is not entitled to the grant of pay scale of ` 480-880 as the petitioner was offered appointment in the pay scale of ` 400-660, which offer was accepted by him and the petitioner having once accepted the said offer and joined on the said post on 19.9.1980, he is not entitled to the claim as has been made in the present writ petition.
I have considered the submissions made by the counsel for the parties and with their assistance have gone through the records of the case.
The assertion of the petitioner that he possesses the requisite qualification for appointment to the post of Dental Hygienist as the nature, the work, the responsibilities etc. attached thereto are similar to those of the CWP No. 17588 of 2000 -4- Dental Hygienist working at other places on the post of Dental Hygienist. The only ground, which has been pressed into service for denying the petitioner the claim of the pay scale of ` 480-880, is that the petitioner has accepted the offer of appointment in the pay scale of ` 400-660 and, therefore, is not entitled to the claim as has been made, cannot be sustained as it would amount to denying an employee the statutorily conferred pay scale violating Articles 14 and 16 of the Constitution of India. Petitioner cannot be discriminated against vis-a-vis other employees in the same department, i.e. Department of Research and Medical Education when similarly placed employees holding the same post with same qualification, responsibilities and duties have been granted the pay scale of ` 480-880. The principle of equal pay for equal work would also be applicable in such a situation and, therefore, the stand of the respondents cannot sustain.
In view of the above, the present writ petition is allowed. Impugned order dated 14.3.2000 (Annexure-P-13) is hereby quashed. Petitioner is held entitled to the pay scale of ` 480-880 with effect from the date of his appointment and consequential pay revisional benefits. Arrears shall, however, be restricted to 38 months prior to the filing of the writ petition. The consequential benefits to the petitioner be calculated and released to him within a period of three months from the date of receipt of certified copy of this order.
(AUGUSTINE GEORGE MASIH) JUDGE 13.5.2013 sjks