Central Administrative Tribunal - Madras
A Baktha Vachalam vs Ut Of Pondicherry on 24 April, 2024
1 OAs Nos. 1214/2013 & 1226/2013
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/01214/2013 & OA/310/01226/2013
Dated this, the 24th day of April Two Thousand Twenty Four
CORAM : HON'BLE MS. LATA BASWARAJ PATNE, Member (J)
HON'BLE MR. VARUN SINDHU KUL KAUMUDI, Member (A)
OA 1214/2013 :-
1. A.Bakthavachalam,
2. C.Sendil Velavan,
3. S.Segar,
4. A.Murugan,
5. S.Ettiyan. .....Applicants
By Advocate M/s. V.Ajayakumar
Vs.
1.Union of India, rep by the
Government of Puducherry,
Through the Secretary to
Government for Health and Family Welfare,
Chief Secretariat, Puducherry.
2.The Director of Health and Family Welfare,
Health Department,
Puducherry.
3.Secretary,
Ministry of Home Affairs, Government of India,
New Delhi. ....Respondents
By Advocates Mr. R. Syed Mustafa (R1, R2),
Mr. Su. Srinivasan, SCGSC (R3)
2 OAs Nos. 1214/2013 & 1226/2013
OA 1226/2013 :-
1. G.Kanikannan,
2. S.Thomas Selvaraj,
3. V.Sedoubady,
4. R.Balakrishnan,
5. J.Anand,
6. A.Vengadesan,
7. P.Palani Raj,
8. K.Nandakumar,
9. S.Yeshoda,
10. K.Rajan Prasaad,
11. D.Coumaressane,
12. T.Sridar,
13. A.Batmanadin,
14. D.Babu Jayaganthan,
15. R.Gunasekaran,
16. E.K.Rajeevan,
17. M.Segar,
18. K.Devy. ....Applicants
By Advocate M/s. V. Ajayakumar
Vs.
1.Union of India, rep by the
Government of Puducherry,
Through the Secretary to
Government for Health and Family Welfare,
Chief Secretariat, Puducherry.
2.The Director of Health and Family Welfare,
Health Department,
Puducherry.
3.Secretary,
Ministry of Home Affairs, Government of India,
New Delhi. ....Respondents
By Advocates Mr. R. Syed Mustafa (R1, R2),
Mr. K. Rajendran (R3)
3 OAs Nos. 1214/2013 & 1226/2013
ORDER
(Pronounced by Hon'ble Mr. Varun Sindhu Kul Kaumudi, Member(A)) Since the issue involved, subject matter and the relief prayed for in these OAs are similar, a common order is being passed.
2. The applicants are not challenging any particular order. On the other hand, they are claiming revised pay scales, on par with the counterparts of the applicants in other Union Territories and States.
3. The applicants have prayed for the following relief:-
"OA 1214/2013 :-
To direct the respondent to implement the pay scale of Rs. 9300-34800 with Grade Pay of Rs. 4600/- to the post of Technical Assistant (NMEP) with effect from 01.01.2006 with difference of wages and to pass such other or further orders in the interest of justice.
OA 1226/2013 :-
To direct the respondent to implement the pay scale of Rs. 9300-34800 with Grade Pay of Rs. 4200/- to the post of Health Inspector with effect from 01.01.2006 with difference of wages and to pass such other or further orders in the interest of justice and thus render justice."
4. The facts of the case, as given by the Applicants, are summarised below:-
4.1. The applicants in OA 1214/2013 & OA 1226/2013 are working as Technical Assistants (NEMP) and Health Inspectors, respectively, in the Health and Family Welfare Department, Puducherry. They are placed in the 4 OAs Nos. 1214/2013 & 1226/2013 pay scale of Rs.5200- 20200 with the Grade Pay of Rs.2,800/-. As per the Recruitment Rules, the method of appointment of Health Inspector is by promotion from the post of Health Assistant with 5 years of service and for the post of Technical Assistant (NEMP) is by promotion from the post of Health Inspector with 5 years of service. Previously, the Recruitment Rules provided that the method of appointment was by way of Direct Recruitment.
The said Recruitment Rules were amended in 2010 and promotion was provided from the post of Health Assistant with 5 years of regular service, as stated above.
4.2. Respondents have issued the details of duties and responsibilities of the post of Health Inspector which is attached as (A-4) in the Annexure. A perusal of the said duties and responsibilities shows that the applicants are performing the duties with regard to almost all matters, including supervision and guidance, dealing with equipment, keeping the records and scrutinizing the same, dealing with Malaria, Dengue, Chikungunya and other vector borne diseases and supervision of I.P.P.I. (Polio), MDA with DEC vaccination of children of the age group of 5, 10 and 16 years, ensuring safe water supply, by sending samples, through bacteriological examination, communicable diseases, namely, Leprosy, Tuberculosis, and all the matters connected with Health care of the public. It is the contention of the applicant that, in the Union Territory of Delhi and other places, the post of 5 OAs Nos. 1214/2013 & 1226/2013 Health Inspector has been divided into 3 categories, namely, Malaria Inspector, Health Inspector and Surveillance Inspector and their duties and responsibilities are divided among these categories. On the other hand, the duties and responsibilities of all these 3 categories are handled by the sole category of Health Inspectors in the Union Territory of Puducherry. 4.3. As per the previous Recruitment Rules, the qualification prescribed was Matriculation with Diploma in Sanitation. The said qualification was revised in the new Recruitment Rules as S.S.L.C. with Diploma in Multi- Purpose Health Worker and Diploma in Sanitation or Diploma in Health Inspector, etc., which are essential for appointment as Health Assistant and Health Assistants will be given promotion, provided they have completed 5 years of regular service in the post. Even though, higher duties and responsibilities are performed by the applicants, the applicants are given lower pay scale compared to other Union Territories and other States. Fixing lower pay scale and extracting multifarious duties from the applicants is a clear case of exploitation.
4.4. The pay scale which is prescribed for the post of Health Inspector is Rs.5200-20200 which is the same as prescribed for the post of Health Assistant. The only difference is that the Health Assistant is given Rs.2,400/- as Grade Pay, whereas Rs.2,800/- is prescribed as Grade Pay for the post of Health Inspector. In the case of Malaria Inspector/Health 6 OAs Nos. 1214/2013 & 1226/2013 Inspector/Surveillance Inspector, in the Union Territory of Delhi, it is Rs.9,300-34,800 with Grade Pay of Rs.4,200/- and the same pay scale is prescribed by the Governments of Tamil Nadu, Kerala, Mizoram, etc. Even though, the post of Health Inspector in Puducherry is given the lower pay scale of Rs.5200-20200 with the Grade Pay of Rs.2,800/-, the duties and responsibilities performed by the Health Inspector in the Union Territory of Puducherry is the same as being performed by the 3 categories in the Delhi Administration.
4.5. The posts of Health Inspectors and Technical Assistants (NMEP) are given the same pay scale of Rs.5200-20200 with the Grade Pay of Rs. 2,800/-, even though the post of Technical Assistant is a promotional post from the post of Health Inspector. The promotional post and the feeder posts are given the same pay scale with the same Grade Pay, which is most unjustifiable and illegal. The duties and responsibilities of both the feeder post and the promotional post are also not one and the same, Technical Assistants (NMEP) have to supervise the functioning of Health Inspectors. In the case of the Union Territory of Delhi, the pay of Rs.9300-34800 with the Grade Pay of Rs.4200/- is fixed as salary for the post of Health Inspector, which is the feeder post for the post of Technical Assistant and other connected posts, whereas the applicants are given the lower pay scale of Rs.5200-20200 with the Grade Pay of Rs.2,800/- (promotional post to 7 OAs Nos. 1214/2013 & 1226/2013 Health Inspector), which is highly unjustifiable and is most arbitrary and discriminatory.
4.6. All the efforts and representations made by the applicants for higher pay scale went in vain and so the applicants are forced to approach this Tribunal.
5. The grounds raised by the Applicants are as follows:-
5.1. The applicants are performing higher duties and responsibilities, which are performed by 3 different categories in the Union Territory of Delhi, whereas, the applicants are given lower pay scale of Rs.5,200-20,200 with Grade Pay of Rs.2,800/-, which is highly unjustifiable.
5.2. It is also the contention of the applicants that they possess the same qualifications as prescribed by the other Union Territories and State Governments. When the applicants are performing higher duties and responsibilities, they are entitled to higher pay scale than the pay scale prescribed in other Union Territories and, at least, to the pay scale which is prescribed for their counterparts in other Union Territories and States and denial of the same is most arbitrary and discriminatory.
5.3. The applicants are entitled to get the pay scale of Rs.9,300-34,800 with Grade Pay of Rs.4,200/- on the basis of equal pay for equal work.
6.1. The respondents have filed reply statement, opposing the relief prayed for by the applicants. They have submitted, on behalf of the Health 8 OAs Nos. 1214/2013 & 1226/2013 Department, Government of Puducherry, that the Original Application is not tenable, either in law or on facts.
6.2. The respondents submit that the hierarchy of the posts of Health Inspector and Technical Assistant (National Malaria Eradication Programme) are as follows:
Technical Assistant (NMEP) ^ Health Inspector (By promotion) ^ Health Assistant (By direct recruitment) 6.3. The respondents submit that incumbents to the feeder post of Health Assistants are being recruited by Direct Recruitment, with the following qualifications, as prescribed in the Recruitment Rules :-
(i) A pass in SSLC or its equivalent.
(ii) Diploma in Multipurpose Health Worker (Male) or Diploma in Sanitation or Diploma in Health Inspector Course/Health Assistant/Diploma in Public Health and Sanitation, awarded by recognized University/ Institution.
6.4. The posts of Health Inspector and Technical Assistant (NEMP) are promotional posts with the feeder post of Health Assistant and are filled up 9 OAs Nos. 1214/2013 & 1226/2013 by promotion, with 5 years of service rendered in the respective grades, on a regular basis.
6.5. The pre-revised scales under the Fifth Central Pay Commission for the posts are as follows:-
Sl. Post Pre-Revised Replacement Revised
No. Scale Scale upgraded
scale 5th
CPC
1. Health Assistant Rs. 950- Rs. 3050- Rs. 4000-
1500 4590 6000
2. Health Inspector Rs. 1200- Rs. 4000- Rs. 4500-
2400 6000 7000
3 Technical Rs. 1400- Rs. 4500- Rs. 4500-
Assistant (NEMP) 2300 7000 7000
6.6. The Fifth Central Pay Commission had recommended the revised pay scale of Rs.4000-6000 for the posts requiring Matriculation with some experience as the minimum qualification for direct recruitment under the category of medical and para-medical services. Accordingly, the upgraded revised pay scale of Rs.4000- 6000 had been implemented, vide the G.O.Ms.No.37, dated 27.06.2003, of the Chief Secretariat (Health), Govt. of Puducherry, to the post of Health Assistant, with effect from 01.01.1996. 6.7. The promotional post of Health Inspector had also been revised to the upgraded pay scale of Rs.4500-7000, with effect from 01.01.1996, vide G.O.Ms.No.34, dated 14.07.2006, of the Chief Secretariat (Health), Govt. of Puducherry, subsequent to the revision of pay scale of Health Assistant. 10 OAs Nos. 1214/2013 & 1226/2013 6.8. The respondents submit that there was no specific recommendation made by the Fifth Central Pay Commission for grant of upgraded pay scale to the post of Technical Assistant (NMEP). Hence, appropriate replacement scale of Rs.4500-7000 was implemented for the post and, thereby, the feeder post of Health Inspector and the promotional post of Technical Assistant (NMEP) were placed in identical pay scale.
6.9. The VI Central Pay Commission had recommended only the replacement scale to the post of Health Assistant and Health Inspector and did not recommend any higher pay scale for these posts. The VI CPC had recommended a new structure of pay scales, i.e., Pay Band with Grade Pay, and, consequently, the Central Civil Services (Revised Pay) Rules, 2008, were implemented. As per the Central Civil Services (Revised Pay) Rules, 2008, Health Assistant, Health Inspector and Technical Assistant (NMEP) were placed in the corresponding pay band with Grade Pay, as follows :-
Sl. Post Pre-revised Revised Pay Scale
No. scale
Pay Band Grade Pay
1. Health Assistant Rs.4000-6000 Rs.5200- Rs. 2400
20200
2. Health Inspector Rs.4500-7000 Rs.5200- Rs. 2800
20200
3. Technical Rs.4500-7000 Rs.5200- Rs. 2800
Assistant(NMEP) 20200
11 OAs Nos. 1214/2013 & 1226/2013
6.10. The Union Territory of Puducherry is under the administrative control of the Ministry of Home Affairs, Government of India, New Delhi, and adopting the Central Government Rules, the revised scales of Rs.5200- 20200 with the Grade Pay of Rs.2400 for the post of Health Assistant and Rs.5200-20200 with the grade pay of Rs.2800 for the posts of Health Inspector and Technical Assistant (NEMP), were implemented as per the Central Civil Services (Revised Pay) Rules, 2008. The VI Central Pay Commission did not recommend any revised pay or upgraded pay for the post of Technical Assistant (NMEP). The fact that the Ministry of Home Affairs, Government of India, which has administrative control over the Union Territory of Puducherry is the competent Authority and not a party to this Original Application makes the O.A. not maintainable. 6.11. The prayer in the O.A. seeking direction for higher pay scale could not be granted by this Administration since, there was no specific recommendation in the VI Central Pay Commission Recommendation as well as in the Central Civil Services (Revised Pay) Rules, 2008. 6.12. The respondents submit that this Original Application is devoid of any merits and, as such, it is liable to be rejected and dismissed.
7. Heard both sides and perused the records.
12 OAs Nos. 1214/2013 & 1226/2013
8. It is seen that the applicants are claiming parity in pay with their counterparts in other UTs and States, whereas the Respondents are arguing that they have followed the recommendations made by the V CPC and the VI CPC. It is noted that pay scales for the Puducherry Government staff is to be decided by the Government of India.
9. In both the OAs, the applicants have cited the ID Note No.A11017/H3/Health/2016-17, dated 20.06.2016, of the Government of Puducherry, Chief Secretariat (Health). The relevant portion is extracted below:-
"The demand of the Service Association is taken up and ascertained with records provided by them as well as made available in the recommendations of the Sixth CPC. On comparative study of the existing cadres available in the Department and Scale of Pay recommended in the Fifth CPC in respect of the staff working under the National Malaria Eradication Programme (NMEP) are verified and found that despite the nomenclature of the categories available and reported in the Fifth CPC recommendations differ, the duties and responsibilities entrusted with and qualifications prescribed are comparatively found to be one and the same due to which, the demands of Service Association are agreeable and revision of pay scales are to be done.
However, Seventh CPC is anticipated to be implemented very shortly, it is high time to give our views for recommending higher pay to the staff working under the National Malaria Eradication Programme (NMEP), on par with the staff working in the same programme in the Govt. of India Institutions and also implemented the Fifth CPC recommendations in the Govt. of India Organisation under the scheme for the revision of Pay Scale to the existing categories of staff working under the programme in this Department as recommended in the Fifth CPC, taking into consideration of equal pay for equal work. The pattern of hierarchy with nomenclature available in the Health Department, Puducherry and the pattern of hierarchy with the nomenclature available in the Central Govt. Organisation under the NMEP Scheme are taken up and examined as follows:-13 OAs Nos. 1214/2013 & 1226/2013
Existing Scale of Pay/Pay Existing Scale of Proposed cadres in Band cadres in Pay/Pay Band Demand the Health Health Department, Department Puducherry in Govt. of under India NMEP Organisation under NMEP Technical Rs.4500-125- Technical Rs.2000-3500 Rs.9300-
Assistant-7 7000/ Rs.5200- Supervisor Rs.6500-200- 34800 posts 20200+GP 2800 10500 +GP 4600 Health Rs.4500-125- Lab Rs.1600-2660 Rs.9300- Inspector -7 7000/ Rs.5200- Technician Rs.5000-150- 34800 posts 20200+GP 2800 8000 +GP 4200 Health Rs.4000-100- Lab Rs.1400-2300 Rs.9300- Assistant - 6000/ Rs.5200- Assistant Rs.4500-125- 34800 103 posts 20200+GP 2400 7000 +GP 2800
With the above observations of the Department, the genuine grievances on the part the staff under NMEP scheme may be recommended as has notified and given to the similarly placed staff under the NMEP in the Government of India Health Care Institutions, treating them viz. Health Assistant, Health Inspector and Technical Assistant as common categories of employees as far as Pay and other service conditions as well as notified under common categories as well as recommended in CCS Revised Pay Rules, 1997 so as to incorporate the views of this Department in the VII CPC after obtaining approval from the administrative Secretary. The proposed nomenclature and the future pay will be, as per the Sixth CPC recommendation as follows:-
Existing cadres in the Scale of Pay/Pay Proposed Demand
Health Department, Band
Puducherry under NMEP
Technical Assistant-7 Rs.9300-34800 Corresponding pay
posts +GP 4600 is expected to be
Health Inspector -35 posts Rs.9300-34800 recommended in the
+GP 4200 Seventh CPC
Health Assistant -103 Rs.5200-
posts 20200+GP 2800
14 OAs Nos. 1214/2013 & 1226/2013
Correspondence from the M/o Home Affairs, Government of India, is also found on record seeking remarks from the Government of Puducherry.
10. Be that as it may, we are inclined to rely on the order of this Tribunal, passed on 13.02.2013, in OA No.156/2010, wherein Bacteriologists in the Health Department of Puducherry had sought revision of pay scales. The relevant portion of the order in the OA is extracted below:-
"13....The learned counsel for the applicants submit that the Recruitment Rules were framed in 1970 and the respondents have not taken any efforts to revise the same. The Government of India has issued a gazette-notification dated 28.11.1990 prescribing rules for in situ promotion for Non-Medical Scientific & Technical post of Bacteriologist in various Central Government Hospitals and Research Institutes, the benefit of which have been denied to the applicants. The representation submitted by the Bacteriologist Welfare Association, Puducherry on 21.1.2009 requesting to rectify the anomalies in grant of the pay scale of Rs.6500-200-10500 (replacement scale in Pay Band of Rs.9300-34800 with Grade Pay of Rs. 4200/-) as recommended by the VI CPC was considered by the Implementation Cell, Finance Department constituted by the Government of Puducherry and revised pay rules were made applicable to the post of Bacteriologist as per the Government of India orders and since the Government of Puducherry is not competent to announce a new Pay Band in respect of the post of Bacteriologist, the applicants were directed to take up the matter with the Government of India.
14. In the conspectus of the above facts and circumstances of the case and in the light of the discussions hereinabove, we are of the considered view that there is no justification for disparity in pay scale between the same category of staff. In view of the position, we are of the view that the Government of India alone could examine the tenability of the claim to equal scale of pay and to take a final decision. Hence we direct the second respondent to 15 OAs Nos. 1214/2013 & 1226/2013 take up the issue with regard to the claim of the applicants with the Government of India to decide and take a final decision. The applicants have produced various documents like organizational structure, hierarchy of post and a comparison chart of various categories of staff in Directorate of Health and Family Welfare, Puducherry and other Central Government Institutions which may also be considered while forwarding the claim of the applicants to the Government of India."
11. Since, the present OAs relate to revision of pay scales, we are conscious that it has been settled that Courts and Tribunals should refrain from taking up the responsibility of Pay Commissions, in this regard. As in the OA 156/2010, we would like to dispose of the present OAs with the following directions:-
We direct the Government of Puducherry to take up the issue with regard to the prayer of the applicants with the Government of India to decide and take appropriate decision in the matter.
The above direction shall be complied with in a period of three months from the date of receipt of a certified copy of this order.
12. The OAs are disposed of, accordingly. No order as to costs.
(Varun Sindhu Kul Kaumudi) (Lata Baswaraj Patne)
Member (A) Member (J)
24.04.2024
SKSI/MT