Manipur High Court
Smt. Angom Rita Devi vs The Union Of India on 31 August, 2021
Author: Kh. Nobin Singh
Bench: Kh. Nobin Singh
SHOUGRA Digitally
by
signed
[1]
KPAM SHOUGRAKPAM
DEVANANDA
DEVANAN SINGH IN THE HIGH COURT OF MANIPUR
DA SINGH Date: 2021.09.03
07:02:11 +01'00'
AT IMPHAL
W.P. (C) No. 374 of 2019
Smt. Angom Rita Devi, aged about 56 years, W/o A.
Mohendro Singh, resident of Yaiskul Chingakham Leirak, P.O.
& P.S. Imphal, Imphal West District, Manipur.
... Petitioner
-Versus-
1. The Union of India, through the Secretary, Ministry of
Health & Family Welfare, Govt. of India, New Delhi,
110011.
2. The Regional Institute of Medical Sciences (RIMS),
Lamphelpat, Imphal, through its Director, RIMS, Imphal,
Manipur.
3. P. Songlianvung, the Section Officer (NE), Ministry of
Health & Family Welfare (NE Division), Govt. of India,
Nirman Bhavan, New Delhi-110011.
... Respondents
B E F O R E HON'BLE MR. JUSTICE KH. NOBIN SINGH For the petitioner ∷ Shri Th. Khagemba, Advocate For the respondents ∷ Shri M. Devananda, Advocate & Shri S. Suresh, CGC Date of Hearing ∷ 19-08-2021 Date of Judgment & Order ∷ 31-08-2021 JUDGMENT AND ORDER [1] Heard Th. Khagemba, learned counsel appearing for the petitioner; Shri M. Devananda, learned counsel appearing for the RIMS and Shri S. Suresh, learned ASG for the Union of India.
[2] The validity and correctness of the order dated 21-01-2019 issued by the Director, Regional Institute of Medical Sciences, Manipur (hereinafter referred to as "the RIMS") is under challenge in this writ WP(C) No. 374 of 2019 [2] petition and in addition to that, a prayer has been made to direct the respondents to make payment of the entitled pay scale attached to the post of Senior Physiotherapist as provided in the Central Civil Services (Revised Pay) Rules, 2008 (6th CPC) i.e. Rs.8000-13,500/- (pre revised) or Rs. 15600-29100+G.P Rs.5400/- (Revised) with effect from 25-08-2006 with 18% interest per annum.
[3.1] Facts and circumstances as narrated in the writ are, short, that on the recommendation of a Selection Board, the Petitioner was appointed as Physiotherapist (Junior) in the Comprehensive Rehabilitation Centre of the erstwhile Regional Medical College, Imphal in the scale of pay of Rs.640-30-850-EB-40-1410/- vide order dated 19-01- 1987 issued by the then Chairman. After having served in the said capacity for more than 12 years, the petitioner was granted financial up- gradation under the Assured Career Progression (ACP) Scheme in the scale of pay of Rs.6,500-200-10,500/-pm vide order dated 06-09-2000 issued by the Director, RIMS, Imphal. On the recommendation of a DPC in its meeting held on 19-08-2006, the petitioner was promoted to the post of Senior Physiotherapist, RIMS, Imphal in the same pay scale of Rs.6,500-200-10,500/-pm vide order dated 25-08-2006 issued by the Director, RIMS, Imphal.
[3.2] The RIMS, Imphal was taken over by the Ministry of Health and Family Welfare, Government of India with effect from 01-04-2007, for which a MOU dated 24-04-2007 was executed between the North Easter Council WP(C) No. 374 of 2019 [3] (hereinafter referred to as "the NEC") a statutory body having its office at Shillong and the Ministry of Health and Family Welfare, Government of India Nirman Bhavan, New Delhi.
[3.3] The petitioner submitted a representation dated 20-10-2008 raising all her grievances including a request to grant the pay scale of Rs.8000- 275-13,500/- pm in view of the Central Civil Service (Revised Pay) Rules, 1997 as the same was given to other Senior Physiotherapist working under the Ministry of Health and Family Welfare, Government of India, followed by a representation dated 14-06-2010 addressed to the Director, RIMS, Imphal requesting him to dispose of her representation dated 20-10-2008. Thereafter, her representation was placed before the Grievance Redressal Committee for consideration which, after due process and consideration, approved and decided to afford the said pay scale of Rs.8000-275-13500/- pm. [3.4] In view of Senior Physiotherapists working in similarly situated Hospitals/ Institutions being given the pay scale of Rs.8000-275-13500/-, the petitioner submitted a representation dated 12-10-2010 to the Director, RIMS, Imphal citing the example of Shri. V. Kaleeswaran who was recommended on 12-01-2010 for promotion to the post of Senior Physiotherapist, Jawaharlal Institute of Post Graduate Medical Education and Research, Puduchery (in short, JIPMER) with the Pay Scale being shown as Rs.15600-39100+GP 5400 (Pre-revised: Rs.8000-275-13500/-) with PB-3. As no positive response came from the side of the RIMS, WP(C) No. 374 of 2019 [4] Imphal, the petitioner submitted another representation on 17-05-2012 with a prayer to revise her pay scale as prescribed in the Central Civil Services (Revised Pay) Rules, 2008 corresponding with the pay scale of Rs.8000- 275-13500/- pm, followed by a representation dated 09-06-2014 with a prayer to revise the pay scale of Senior Physiotherapist held by her in the scale of Rs. 8000-275-13500/-pm with effect from 09-08-1999. [3.5] The Director, RIMS, Imphal vide its letter dated 27-02-2015 forwarded her representations to the Secretary (H & FW), Ministry of Health & Family Welfare, Government of India for considering the case of the petitioner for grant of pay scale (pre-revised) of Rs.8000-275-13500/- (or revised: Rs.15600-39100+GP 5400) for the post of Senior Physiotherapist on the pattern of Safdarjung Hospital/ Ram Manohar Lohia Hospital under the Ministry of Health and Family Welfare, Government of India. In the said letter, it was clearly mentioned that the request of the petitioner was placed before the Standing Finance Committee which decided to refer the matter to the Ministry of Health & Family Welfare for taking a view in the matter. A reminder letter was also written on 16-05- 2015 by the Director, RIMS, Imphal to the Deputy Secretary (NE), Ministry of Health & Family Welfare, Government of India. On 28-11-2015 the Director, RIMS, Imphal wrote a letter to the said Deputy Secretary (NE), Ministry of Health and Family Welfare, Government of India for rectification of pay scale of Health Educator, Lecturer in Statistics & Demography, Senior Physiotherapist and Senior Occupational Therapist on the line of other Institutes under the Ministry of Health & Family Welfare, Government WP(C) No. 374 of 2019 [5] of India, followed by a letter dated 20-05-2016 addressed to the Secretary (H & FW), Ministry of Health and Family Welfare, Government of India and a reminder dated 19-08-2016 was also sent in that regard. In response to a letter dated 09-06-2016 of the Ministry of Health and Family Welfare, on 20-07-2016 the Director, RIMS, Imphal wrote a letter giving an exhaustive reply with regard to the service conditions and financial up-gradation of the petitioner and Smt. Th. Subadani Devi, Senior Occupational Therapist with a request to consider their cases for granting the pay scale of Rs.8000- 13500/- instead of Rs.6500-10500/- pre revised scale (or Rs.9300- 34800+GP Rs. 4,600/-).
[3.6] On 01-10-2016, the Deputy Director (Admn.), RIMS, Imphal wrote a letter to the Deputy Secretary (NE), Ministry of Health & Family Welfare, Government of India requesting again for considering the cases of the petitioner and Smt. Th. Subadani Devi, Senior Occupational Therapist for granting the scale of promotional grade i.e. Rs. 8000-13,500/- instead of Rs. 6500-10500/-. A copy of the extract of the Standing Finance Committee (SFC) meeting held on 22-09-2014 was also enclosed along with the said letter. Pursuant to the said letter, the Section Officer (NE), Ministry of Health and Family Welfare (NE Section), Government of India vide its letter dated 26-10-2016 asked the Director, RIMS, Imphal to submit a complete facts/ records in a clear picture with recruitment rules for the post of Senior Physiotherapist and Senior Occupational Therapist for the institutes of (a) AIIMS, New Delhi; (b) PGIMER, Chandigarh and (c) JIPMER, Puduchery. On 10-11-2016, the Director, RIMS wrote a letter to the Deputy Secretary WP(C) No. 374 of 2019 [6] (NE), Ministry of Health and Family Welfare, Government of India giving a detailed picture of the grievances of the petitioner and Smt. Th. Subadani Devi, Senior Occupational Therapist including the details of recruitment rules of some of the Institutes under the Ministry of Health & Family Welfare. But nothing substantial seems to have happened thereafter. [3.7] Being aggrieved by the inaction on the part of the respondents, the petitioner filed a writ petition being WP(C) No.213 of 2017 praying for directing the Ministry of Health and Family Welfare, Government of India to give the approval sought for by the RIMS, Imphal vide letter dated 20-05- 2016 and 10-11-2016 and also for Issuing a writ of mandamus directing the respondents to revise the pay scale of the petitioner at the pay scale of Rs.8000-275-13,500/- on the same pattern as provided in Safdarjung Hospital, New Delhi, Dr. Ram Manohar Lohia Hospital, New Delhi; Jawaharlal Institute of Post Graduate Medical Education and Research, Puduchery (JIPMER) and Post Graduate Institute of Medical Education and Research, Chandigarh (PGIMER) with effect from 09-08-1999 with 18% interest. The respondent, RIMS, Imphal filed an affidavit-in-opposition on behalf of the Union of India without disclosing the adoption of the Central Civil Services (Revised Pay) Rules, 2008 vide Notification dated 24-11- 2008. The said writ petition was disposed of on 06-08-2018 with a direction to the respondents to consider the claim of the petitioner for grant of Central Civil Cervices (Revised Pay) Rules 2008 in terms of the Notification dated 24-11-2008 by making necessary verification and if found entitled to get the said revised pay scale in terms of the order dated 24-11-2008, the WP(C) No. 374 of 2019 [7] petitioner should be paid the said revised pay which exercise should be undertaken and concluded within a period of 3 months from the date of the order of the Hon'ble Court.
[3.8] On receipt of the legal notice dated 20-08-2018 along with relevant documents, the RIMS, Imphal issued an order dated 21-01-2019 in a purported compliance with the Court's order dated 06-08-2018 thereby stating that the revised pay band and grade of the post of Senior Physiotherapist under the Central Civil Services (Revised) Rules, 2008 as on 01-01-2006, was Rs.9300-34800/- with GP of Rs. 4200/- as specified under Column 5 & 6 respectively of the First Schedule against the grade specified under Column 3. The said order further states that the petitioner was granted the scale of pay of Rs.9300-34,800/- with GP of 4200/- after adoption of the Central Civil Services (Revised Pay) Rules, 2008 at RIMS, Imphal vide Notification dated 24-11-2008. Subsequently, the scale of pay of the petitioner was revised to the scale of pay of Rs.9300-34,800/- with GP of 4600/- in lieu of GP of Rs 4200/- with effect from 01-01-2006 in pursuance of the order dated 13-11-2009 of the Ministry of Finance. [3.9] Being aggrieved by the impugned order, the instant writ petition has been filed by the petitioner on the inter-alia grounds that the RIMS, Imphal has wrongly fixed her pay scale contrary to the pay scale as provided in the Central Civil Services (Revised Pay) Rules, 2008. In the first schedule of the Central Civil Services (Revised Pay) Rules, 1997, the pay scale of Senior Physiotherapist was shown as Rs.8000-275-13500. The WP(C) No. 374 of 2019 [8] Central Civil Services (Revised Pay) Rules, 2008 which was adopted by the RIMS, Imphal, entitled the petitioner the Pay Scale of Rs.8000-13,500/- pre revised (or Rs.15600-29100+G.P Rs.5400/- revised) with effect from 25-08-2006 with 18 % per annum. The pay scale fixed by the CPC from time to time ought to apply uniformly in all centrally run Hospitals/ Institutes. The RIMS, Imphal supported the claim of the petitioner but it took a U-Turn by totally overlooking what it had stated earlier. The law being that, a person or for that matter, a statutory body cannot approbate and reprobate at its own sweet will. Such kind of inconsistent and contradictory stand of the RIMS, Imphal was a pure case of harassment and deprivation of the right to equality and to live with dignity and therefore, the impugned order issued by the RIMS, Imphal is liable to be quashed and set aside. [4.1] In the affidavit-in-opposition filed on behalf of the respondent No.2, RIMS, Imphal, it has been stated that it is a society registered under the Societies Registration Act, Manipur. The affairs of the RIMS, Imphal are governed by the statutory provisions as contained in the Memorandum of Association (MOA), Rules & Regulations and Bye-Laws of the Institute. The pay scale given to the post of Senior Physiotherapist, RIMS, Imphal is based on the recruitment rules of the RIMS, Imphal, because of which the pay scales enjoyed by the Senior Physiotherapists in other Medical Institutes, cannot be granted at all. In terms of the approval of the Chairman, Executive Council, RIMS, Imphal vide letter dated 06-01-98, the Central Civil services (Revised Pay) Rules, 1997 was implemented in respect of its employees vide Memorandum dated 13-01-1996 subject to WP(C) No. 374 of 2019 [9] the terms and conditions mentioned therein by which the pay scale for the post of Senior Physiotherapist was fixed as Rs.6500-200-10500/- with effect from 01-01-1996. When the petitioner was promoted to the post of Senior Physiotherapist after having enjoyed the benefit ACP on completion of 12 years, she was given the pay scale of Rs.6500-200-10500/- which was done as per the existing rules. After the RIMS, Imphal being transferred to the Ministry of Health & Family with effect from 01-04-2007, no revision of pay scale of any of the staff of the RIMS, Imphal was done in parity with those of other staff employed under the Union of India. But the employees of the RIMS, Imphal were brought over to the pay scales as prescribed in the Central Civil Services (Revised Pay) Rules, 2008 based on the pay scale of the RIMS's staff as on 01-01-2006. The Grievance Redressal Committee is not the competent authority to approve the increase in the pay scale of the employees of the RIMS, Imphal. Any proposal submitted by the Institute for increase in pay scales of any post of the Institute duly recommended by the Standing Finance Committee and the Executive Council of the Institute, is examined by the Ministry of Health & Family Welfare keeping in view of various relevant parameters/ guidelines attached to the post in consultation/ concurrence of Integrated Finance Division (IFD in short).
No affidavit-in-opposition has been filed on behalf of the Union of India denying the averments made in the writ petition and therefore, in terms of the law laid down by the Hon'ble Supreme Court in a catena of WP(C) No. 374 of 2019 [10] decisions, the averments made in the writ petition shall be deemed to have been admitted by the Union of India.
[5] In her rejoinder, it has been stated by the petitioner that the pay scales are fixed as per the Pay revision Rules made from time to time and the pay scale of the petitioner was to be fixed as per the pay scale provided in the Central Civil Services (Revised Pay) Rules, 1997 which was implemented by the RIMS, Imphal vide Memorandum dated 13-01-1998 and therefore, the petitioner has been claiming the pay scale of Rs.8000- 275-13500/-. All throughout since 2014, the RIMS, Imphal had been supporting the claim of the petitioner as is evident from various letters addressed to the Government of India. But it is very unfortunate that the RIMS, Imphal had changed its stand which is contrary to the settled law that a person cannot take inconsistent plea on his own choice. It has further been stated that since the recruitment rules were framed long time back, the pay scale fixed at that time, cannot be given to its employees for the reason that some of the pay revision rules have been made in the meantime.
[6] From the pleadings as aforesaid, the short question that arises for consideration by this Court, is as to whether, in the facts and circumstances of the case, the petitioner was entitled to the pay scale of Rs.15,600-29,100 + GP Rs.5,400/-) fixed for the Senior Physiotherapist in the Central Civil Services (Revised Pay) Rules, 2008 adopted by the RIMS, Imphal. If the answer is in the affirmative, whether the petitioner would be entitled to the benefit of the said pay scale with effect from 01-01-2006 or not ?. WP(C) No. 374 of 2019 [11] [7] Arguing for an answer in the affirmative, it has been vehemently submitted by Shri Th. Khagemba, the learned counsel appearing for the petitioner that the petitioner was entitled to the pay scale of Rs.15,600- 29,100+GP Rs.5,400/-) fixed for the Senior Physiotherapist in the Central Civil Services (Revised Pay) Rules, 2008. The reasons assigned by him in support of his contention are inter-alia that at the time when the Central Civil Services (Revised Pay) Rules, 2008 came into force, the petitioner was working as the Senior Physiotherapist and all the Senior Physiotherapists working in similarly situated Hospitals/ Institutions, were given the benefits of the pay scale fixed for the Senior Physiotherapist as prescribed in the Central Civil Services (Revised Pay) Rules, 2008. The denial of such a benefit to the petitioner was improper, unreasonable and illegal being violative of Article 14 of the Constitution of India. In support of his contention, he has relied upon the decisions rendered by the Hon'ble Supreme Court in Larsen and Toubro limited Vs. Union of India & ors, (2011) 5 SCC 430. Combating the above submissions of the counsel appearing for the petitioner, it has been submitted by Shri M. Devananda, learned counsel appearing for the RIMS, Imphal that the petitioner was not entitled to the pay scale as claimed by her for the reason that the petitioner was entitled to the pay scale as fixed in the Central Civil Services (Revised Pay) Rules, 2008 corresponding to the pay scale which she was enjoying when the Central Civil Services (Revised Pay) Rules, 2008 came to be adopted by the RIMS, Imphal. In other words, his contention was that since the petitioner was enjoying the pay scale of Rs.6500-200-10500/- fixed vide WP(C) No. 374 of 2019 [12] OM dated 13-01-1998 which was not challenged by the petitioner, she was entitled to the corresponding pay scale of Rs.9300-34,800/- with GP of Rs. 4600/- as fixed under the Central Civil Services (Revised Pay) Rules, 2008 which had been granted to her. Shri S. Suresh, ASG appearing for the Union of India adopted the argument of the learned counsel appearing for the RIMS, Imphal.
[8] Article 14 provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The basic principle underlying Article 14 is that the law must operate equally on all persons under like circumstances. In other words, equality is the basic feature of the Constitution. Equal protection means the right to equal treatment in similar circumstances. The content of Article 14 was originally interpreted by the Hon'ble Supreme Court as a concept of equality confined to the aspects of discrimination and classification but it has been expanded to comprehend the doctrine of promissory, estoppel, non-arbitrariness, compliance with rules of natural justice etc. [9] It is also not in dispute that the RIMS, Imphal is an autonomous Institute governed by its constitution, bye-laws etc. The RIMS, Imphal initially known as Medical Colleges was established in the year, 1972 as a joint venture of the North Eastern States and its name was changed to Regional Medical College, Imphal and it was renamed thereafter as North Eastern Medical College. After it being renamed as the Regional Institute of WP(C) No. 374 of 2019 [13] Medical Sciences, its management was taken over by the NEC, Ministry of DoNER from 01-04-1995. But from the day of its being taken over by the NEC, no Pay Commission appears to have been constituted by it to fix or revise the pay scales of its employees. Only on 13-01-1998, the RIMS, Imphal issued an OM by which the Central Civil Services (Revised Pay) Rules, 1997 came to be adopted and implemented with certain amendments/ modifications. The pay scale fixed for the Senior Physiotherapist therein was Rs.6500-200-10500/- and when the petitioner was promoted to the post of Senior Physiotherapist, she was given the said pay scale as prescribed therein. Un-disputably, when the RIMS, Imphal was taken over by the Government of India with effect from 01-04-2007, there was change of guards at the RIMS, Imphal being given the status of an autonomous body. With the change of circumstances as aforesaid, it was the duty either of the RIMS, Imphal or the Government of India to take a policy decision that the RIMS's employees should be given the pay scales as fixed in the Central Civil Services (Revised Pay) Rules, 1997 which was in operation in respect of the Central Government employees. Such a policy decision became indispensable for the reason that when the Central Civil Services (Revised Pay) Rules, 2008 came to be made, only the pay scales as prescribed in the Central Civil Services (Revised Pay) Rules, 1997 were correspondingly revised therein. But both the respondents namely the RIMS, Imphal and the Government of India did fail to do so, as is evident from the affidavit filed on behalf of the RIMS, Imphal. The failure on the part of the RIMS, Imphal or for that matter, the WP(C) No. 374 of 2019 [14] Government of India to take such a policy decision, has created the present controversy. The outcome is that when the Central Civil Services (Revised Pay) Rules, 2008 were adopted and implemented by the RIMS, Imphal for its employees, it did revise the pay scales of the petitioner from the lower pay scale which she was enjoying and not from the pay scale which was fixed in the Central Civil Services (Revised Pay) Rules, 1997. In this manner, the petitioner was denied the pay scale of Rs.8000-275-13500/- as fixed in the Central Civil Services (Revised Pay) Rules, 1997, even after the RIMS, Imphal having been taken over by the Government of India. [10] As regards the contention of the petitioner that she was entitled to the pay scale enjoyed by the Senior Physiotherapists of the similarly situated Hospitals/ Institutions like AIIMS, New Delhi; Safdarjung Hospital, New Delhi; Ram Manohar Hospital, New Delhi; PGI, Chandigarh etc., it may be noted that since the Hospitals like Safdarjung Hospital, New Delhi and Ram Manohar Lohia Hospital, New Delhi are directly run and controlled by the Central Government, their employees are governed by the Central Civil Services (Revised Pay) Rules made, from time to time, by the Government of India. In other words, it is automatic for them, in the sense that the employees of the central Government are entitled to enjoy the same. But the AIIMS, New Delhi is an autonomous body or for that matter, an autonomous Institute fully funded by the Government of India wherein the pay scales of the Senior Physiotherapists were the same as that of the one fixed in the Central Civil Services (Revised Pay) Rules, 2008. Similar is the case with the RIMS, Imphal which is also an autonomous Institute fully WP(C) No. 374 of 2019 [15] funded by the Government of India. But the stand of the RIMS, Imphal is that since its recruitment rules as regards the post of Senior Physiotherapist, are different from that of the AIIMS, New Delhi, the pay scales fixed for the post of Senior Physiotherapists working at AIIMS, New Delhi, cannot be made automatically applicable to its Senior Physiotherapist. This stand of the RIMS, Imphal appears to be incorrect. Admittedly, to frame the recruitment rules is the domain of the RIMS, Imphal for its employees but since the recruitment rules cannot be kept static for a long time irrespective of the change in the circumstances, the same which were framed long time back as contended by the petitioner, ought to be amended from time to time depending upon and in tune with the change of circumstances. The RIMS, Imphal being a statutory body, cannot take the advantage of its own failure. Apart from that, one thing which needs to be noted at this juncture, is that both the AIIMS, New Delhi and the RIMS, Imphal are autonomous Institutes under the supervision and control of the Government of India with hundred percent funding, though not directly controlled by it and that the Senior Physiotherapists of both the Institutes do discharge the same duties and functions. In other words, both the said Medical Institutes are similarly situated in almost all the aspects concerning them and consequently, the Senior Physiotherapists of both the Institutes ought to be said to be similarly situated. Moreover, the PMR Department of the RIMS, Imphal is said to be one of the best departments amongst the Government Hospitals in the country in terms of the facilities being provided to the patients. If that be the case, there is no reason as to WP(C) No. 374 of 2019 [16] why the Senior Physiotherapist of the RIMS, Imphal shall not be given the same pay scale as that of the AIIMS, New Delhi. The denial of such benefits to the Senior Physiotherapist of the RIMS, Imphal will tantamount to violation of the provisions of Article 14 of the Constitution of India. [12] The specific stand of the RIMS, Imphal as indicated in its affidavit, is that the RIMS, Imphal is an autonomous body governed by its constitution and bye-laws. It is an undeniable fact but its administrative functioning appears to have shown the contrary. During the course of hearing the writ appeal being WA No.42 of 2020, it came to the knowledge of this Court that before any policy decision is taken by the RIMS, Imphal, an approval is sought for from the Ministry of Health & Family, Government of India. The said WA was disposed of by this Court on 22-04-2021, the relevant paragraphs of which read as under:
[11] It would now be apposite to note certain fundamental facts germane to this adjudication. The RIMS, Imphal, is an autonomous Institute wholly funded by the Ministry of Health and Family Welfare, Government of India. It was registered as a society in the year 2007 with its office at Lamphelpat, Imphal, State of Manipur. Clause IV of its Memorandum of Association provides that the overall management of the Institute was entrusted to i) The Board of Governors, headed by the Union Minister of Health and Family Welfare, and ii) The Executive Council, headed by the Secretary, Ministry of Health & Family Welfare, Government of India. The constitution and members of the Board of Governors and of the Executive Council, set out thereunder, indicate that these bodies were to be manned by high-ranking Central and State Government officials. The Rules and Regulations of the RIMS, Imphal, were also WP(C) No. 374 of 2019 [17] framed on the same lines, indicating that the Board of Governors and the Executive Council, apart from the committees appointed by the Board of Governors or the Executive Council, would be the authorities of the Institute. Clause 8 of the Rules and Regulations deals with the Executive Council. Clause 8 (iii) states that the management and administration of the Institute would vest in the Executive Council, which would have the powers and functions enumerated under sub-clauses (a) to (m) thereof. Sub-clause (a) empowers the Executive Council to supervise the overall administration and management of the Institute while sub-clause (b) empowers it to consider and approve budget estimates, including revised and supplementary expenditure recommended by the Finance Committee and to apprise the same to the Board of Governors. Sub-clause (c) provides that the Executive Council has the power to consider and approve creation, upgradation and abolition of posts apart from revision of pay scales and allowances, in the light of the recommendations of the Finance Committee. Sub- clause (d) empowers it to consider all proposals for expenditure, beyond the powers delegated to the Director. Sub-clause (j) empowers the Executive Council to frame bye-laws and procedures for conduct of the affairs of the Institute. Significantly, none of the aforestated sub-clauses required any of the decisions of the Executive Council thereunder to be vetted or approved by the Government of India. On the other hand, only sub-clause (m), which empowers the Executive Council to amend the bye-laws, rules and regulations of the Institute, requires prior concurrence of the Ministry of Health & Family Welfare, Government of India. Therefore, this is the only area where the Government of India directly plays a role, in so far as the Executive Council‟s decisions are concerned.
[17] At the very first hearing of this appeal on 04.09.2020, this Court noted that no affidavit had been filed by the Union of India before the learned Judge and that the letter dated 20.07.2020 and its WP(C) No. 374 of 2019 [18] contents needed to be clarified. The matter was accordingly adjourned, granting the Union of India an opportunity to file a proper affidavit explaining the correct legal and factual position in respect of the said letter and the facts of the case. The matter thereafter underwent five adjournments before this judgment was reserved. Despite the same, the Union of India did not choose to file an affidavit. However, on the date of the last hearing, viz., 17.04.2021, Mr.S.Suresh, learned ASG, produced a copy of the order dated 29.03.2007 issued by the Under Secretary, Ministry of Development of North Eastern Region, Government of India, recording that sanction had been conveyed by the competent authority transferring RIMS, Imphal, from the North Eastern Council, Shillong, to the Ministry of Health and Family Welfare, Government of India, with effect from 01.04.2007, on the terms and conditions detailed thereunder. This document obviously preceded the registration of the RIMS, Imphal, as an autonomous society. However, this document also does not indicate any necessity of Government of India‟s approval being obtained for each and every policy decision of the RIMS, Imphal. Be it noted that Clause (vii) of the terms and conditions mentioned in this order states that the existing two-tier management structure should be retained to maintain autonomy of the Institute. As already noted, the two-tier structure retained under the Bye-Laws and the Rules and Regulations of the RIMS, Imphal, is through the Board of Governors and the Executive Council. No other document has been placed on record to indicate that such two-tiered management structure involved the Government of India at every stage of the functioning of the RIMS, Imphal. Further, the practice adopted by the learned counsel appearing in this Court for the Union of India in producing documents without a supporting affidavit, and without even making known its stand through a counter, needs to be decried in no uncertain terms. It is indeed unfortunate that despite this matter being taken up at the appeal stage and despite several opportunities being given to the Union of India to come forward with its stand, it chose to remain silent but WP(C) No. 374 of 2019 [19] seeks to justify its interference in the functioning of this autonomous body by producing irrelevant documents. We need say no more.
From the above observations made by this Court, it is absolutely clear that the approval is not required to be sought for from the Ministry of Health & Family, Government of India in all policy decisions except in respect of the policy decision relating to amendment of bye-laws, regulation etc. So far as the revision of pay scales and allowances is concerned, it is the Executive Council which is the authority empowered to do so. In the present case, after the RIMS, Imphal being taken over by the Ministry of Health & Family, Government of India, the petitioner submitted a representation dated 20-10-2008, on which the RIMS, Imphal was unable to take any decision. When further representations were submitted by the petitioner to the RIMS, Imphal, her case was placed before the Grievance Redressal Committee which, according to her, decided in her favour. The petitioner's case was also referred to the Standing Finance Committee which advised the RIMS, Imphal to refer the matter to the Ministry of Health & Family, Government of India for consideration and approval. Despite several communications being exchanged between the RIMS, Imphal and the Ministry of Health & Family, Government of India for about five years as is evident from the preceding paragraphs towards the narration of facts, no concrete decision was taken either by the RIMS, New Delhi or by the Government of India on the issue relating to the claim of the petitioner and the RIMS, Imphal could issue an order only on 21-01-2019 which is impugned herein. The inaction on the part of the RIMS, Imphal despite WP(C) No. 374 of 2019 [20] enough powers being conferred upon it by the rules and regulations as aforesaid, is highly unfair and unreasonable which is hit by the provisions of Article 14 of the Constitution of India.
[13] The other point which the learned counsel appearing for the petitioners has emphasized, is that since the RIMS, Imphal has accepted the claim of the petitioner as is evident from various correspondences mentioned above, it cannot take a u-turn and say that the petitioner was not entitled to the pay scale prescribed in the Central Civil Services (Revision of Pay) Rules, 2008. In other words, the submission of the counsel appearing for the petitioner is that the conduct of the RIMS, Imphal changing its stand as regards the claim of the petitioner, has attracted the principle of estoppels, in the sense that the RIMS, Imphal shall be estopped from taking a stand to the effect that the petitioner was not entitled to the pay scale of Rs.15,600-29,100+GP Rs.5,400/-, when it had accepted the claim of the petitioner and had forwarded the same to the Government of India for approval. In this regard, the contention of the learned counsel appearing for the petitioner appears to be incorrect for the reason that there is no material on record to demonstrate that the RIMS, Imphal had ever made any promise or had given any assurance that the petitioner's claim had been accepted and that her pay would be fixed in the scale of Rs.15,600-29,100+GP Rs.5,400/-. But the fact remains that the RIMS, Imphal did not take a decision on the claim of the petitioner for quite a long time, although the Executive Council thereof is the authority for taking such a decision. The RIMS, Imphal did not reject the petitioner's representation WP(C) No. 374 of 2019 [21] dated 20-10-2008, nor did it accept the same. All that the RIMS, Imphal had done, was that her representations were placed before the Grievance Redressal Committee and the Standing Finance Committee for consideration. In the affidavit filed on behalf of the RIMS, Imphal, it has been stated that the Grievance Redressal Committee is not competent to take a decision in respect of the increase in the pay scale and if that be the case, it is not clear as to why the claim of the petitioner was placed before it which, according to her, decided in her favour. It is unfortunate that the inaction on the part of the RIMS, Imphal appears to be a clear case of carelessness or of no botheration at all and the manner in which the claim of the petitioner has been dealt with by the RIMS, Imphal, appears to be unfair and unreasonable. The RIMS, Imphal being a statutory body, ought to act fairly and reasonably. Any act on the part of the RIMS, Imphal which is unfair and unreasonable, will be hit by the provisions of Article 14 of the Constitution.
[14] In view of the above observations, the main question involved herein is answered in the affirmative and therefore, the corollary issue needs to be considered by this Court. It may be noted that when the petitioner was promoted to the post of Senior Physiotherapist vide order dated 25-08-2006, the OM dated 13-01-1998, by which the Central Civil Services (Revised Pay) Rules, 1997 was adopted and implemented with certain conditions and modifications, was in operation. The pay scale fixed as per the said OM 13-01-1998 was the one of Rs.6500-200-10500/- which was granted to the petitioner who appears to have not questioned its WP(C) No. 374 of 2019 [22] validity and correctness before any appropriate forum. The RIMS, Imphal was taken over by the Government of India with effect from 01-04-2007 and as has been observed hereinabove, the pay scale of the petitioner ought to have been changed to the pay scale of Rs.8000-275-13500/- strictly in accordance with the Central Civil Services (Revised Pay) Rules, 1997 and that too, at par with Senior Physiotherapists of similarly situated Hospitals/ Institutes so that the corresponding pay scale of Rs.15,600- 29,100+GP Rs.5,400/- could have been granted to the petitioner, when the Central Civil Services (Revised Pay) Rules, 2008 was adopted and implemented by the RIMS, Imphal, which it utterly failed. By this Central Civil Services (Revised Pay) Rules, 2008 revising the pay scale being prescribed in the Central Civil Services (Revised Pay) Rules, 1997 correspondingly, the pay scales prescribed therein were given effect from 01-01-2006 but by then, the petitioner had not yet been promoted to the post of Senior Physiotherapist and was promoted only on 25-08-2006. In view of the above facts and in order to avoid any legal complicacy, this Court is of the view that the end of justice will be met, if the petitioner is granted notionally the pay scale of Rs.8000-275-13500/- from 01-04-2007 to 23-11-2008 and the corresponding pay scale of Rs.15,600-29,100+GP Rs.5,400/- from 24-11-2008 till the Central Civil Services (Revised Pay) Rules, 2016 being made, if adopted by the RIMS, Imphal and the consequential further revision of pay scale thereafter with the arrears thereon being calculated and given to her accordingly. WP(C) No. 374 of 2019 [23] [15] In view of the above and for the reasons stated hereinabove, the instant writ petition is allowed and consequently, the order dated 21-01- 2019 issued by the Deputy Director (Admn.), RIMS, Imphal, impugned herein, is quashed and set aside with the following directions:
(a) The respondent No.2, the RIMS, Imphal shall notionally fix the pay scale of the petitioner as Rs.8000-275-13500/- for the period from 01-04-2007 to 23-11-2008 in terms of the Central Civil Services (Revised Pay) Rules, 1997 being implemented by the RIMS, Imphal vide Notification dated 13-01-1998;
(b) The respondent No.2, the RIMS, Imphal shall notionally fix the pay scale of the petitioner as Rs.15,600-29,100+GP Rs.5,400/- for the period from 24-11-2008 to the date on which the Central Civil Services (Revised Pay) Rules, 2016 came to be adopted and implemented by the RIMS, Imphal and thereafter, notionally fix the corresponding revised pay scales prescribed therein till the date on which she has retired on attaining the age of superannuation;
(c) In terms of the directions (a) and (b) mentioned above, the respondent No.2, RIMS, Imphal shall calculate or work out the arrears for the aforesaid periods and shall pay the same to the petitioner;
(d) The above exercises as per directions (a); (b) and (c) above including the payment of arrears, shall be completed by the WP(C) No. 374 of 2019 [24] respondent No.2, RIMS, Imphal within a period of three months from the date of receipt of a copy of this judgment and order.
(e) In the event of the arrears of pay and allowances not being paid by the RIMS, Imphal within three months as aforesaid, the amount so calculated towards the arrears as per direction (a) and
(b) above, shall accrue interest @ Rs.6/- per annum from the date of expiry of three months till the date of payment of the said amount.
There shall be no order as to costs.
JUDGE FR / NFR Devamamda WP(C) No. 374 of 2019