Jharkhand High Court
Rama Awtar Sharma vs Director General L W Ministry Of Labour & ... on 3 July, 2017
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 2657 of 2016
Rama Awtar Sharma ..... Petitioner
vs.
1. Director General (LW)
Ministry of Labour & Employment, Govt. of
India, New Delhi
2. Welfare Commissioner,
Labour Welfare Organization, Koderma ......Respondents
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE B.B.MANGALMURTI
For the Petitioner : None
For the RespondentU.O.I : Mr. Prashant Vidyarthy, C.G.C
13/3.7.2017 No one appears for the petitioner. Learned counsel for the Respondent Union of India is present.
Counter affidavit and supplementary counter affidavit have been filed by the respondents earlier. It appears that the matter has been adjourned twice for filing rejoinder, but no such affidavit has been filed.
Petitioner approached the learned Central Administrative Tribunal in O.A. No. 162 of 2013 (R) seeking revision in the pay scale of Rs. 5,0008000/ from Rs. 45007000/ in terms of the recommendation of 5th Central Pay Commission, with consequential benefits including A.C.P. He had retired on 31st October, 2005. Learned Tribunal after considerable discussion of the case of the rival parties and the documents relied upon by them was not inclined to interfere in the matter. Consequently, by the impugned order dated 10th July, 2015 original application was rejected.
As per the case of the applicant, he was appointed as XRay Technician at Central Hospital, Asansol on 5th December, 1968 in the scale of Rs. 130300/ under second Central Pay Commission. According to him, his qualification at the time of joining was B.Sc. Part1 along with Diploma in Radiography. Under 3rd Central Pay Commission, the scale was revised to Rs. 330560/. Under 4th Central Pay Commission with effect from 1st January, 1986, it was revised to Rs. 13502200/ from Rs. 330560/. As per 4th Central Pay Commission the Radiography Technician and XRay Staff were placed in two cadres. According to the applicant, Radiography Technician was merged from Rs. 13502200/ to Rs. 16402900/. XRay Staff (Dark Room Technician) 2. was revised from Rs. 8251200 to Rs. 12002040/. After 5th Central Pay Commission, the pay scale of the applicant was revised from Rs. 13502200/ to Rs. 45007000/ with effect from 1.1.1996. The pay scale of XRay Technician was revised to Rs. 5000 8000/. The applicant pleaded that he had completed 14 years of education [B.Sc Part1 + Diploma=14] and in terms of the two categories of Paramedical staff envisaged under 5th Central Pay Commission, the scale should have been revised to Rs. 50008000/.
Respondents contested the case. According to them, as per Para 52.107 of 5th Central Pay Commission report, future induction in the post of Radiography shall be in the proposed pay scale of Rs. 16002660/ for which the corresponding pay scale is Rs. 50008000/ It was however clearly indicated that the present incumbent in the post of Radiographers requiring a minimum of 2years Diploma/Certificate after 10+2 may be placed in the scale of Rs. 1320/2040/. The entry level qualification for Assistant Radiographer was 10+2 with Science besides a certificate in Radiography. As per Recruitment Rules prevalent in 1974 and 1977 for the post of XRay Technician/Radiographer, the education qualification was Matriculation or equivalent with training in hospital lab work, whereas, as per the Recruitment Rules prevalent in 1990, the requisite educational qualification was matriculation or equivalent to Diploma in Radiography or equivalent from a recognized Institute. The XRay Technicians/Radiographers in various Labour Welfare Organizations under DG(LW) did not possess the requisites qualification as reflected in Para52.107 of 5th Central Pay Commission Report. The respondents also contended that in terms thereof the Radiographers, who have minimum 2 years of diploma after 10+2 were to be given the scale of Rs. 50008000/. Since the applicant's Diploma is admittedly only one year, therefore, he was denied the enhanced scale.
The learned Tribunal considered this contention and also arrived at a finding that 5th Central Pay Commission Report brought clarity in the qualification required for various Para Medicals and Technical Support Staff. In terms of Para52.107 of the report different scales were prescribed for 3. persons having designation of Radiographer on the basis of different technical qualifications. The applicant's scale in the prerevised 4th Central Pay Commission was Rs. 13502200/. The applicant had qualification of 1 year Diploma compared to 2 years Diploma required in terms of Guidelines of 5th Central Pay Commission Report for incumbents to be entitled to corresponding scale of Rs. 50008000/ from the preexisting scale of Rs. 16002660/. The internal communication made by the Welfare Commissioner, Koderma to Under Secretary, Ministry of Labour and Employment, Govt. of Jharkhand for final approval relied upon by the applicant in respect of his claim for higher scale was never approved. The provisions of Para52.107 were neither under challenge nor the Rules of CCS( Revision of Pay Rules, 1997) were in question by the applicant.
In such circumstances, the rejection of claim of the applicant for higher pay scale by the learned Tribunal does not suffer from any errors of law or on facts warranting interference. The matters relating to pay fixation/revision lies in the domain of experts. Unless and until a clear case of violation of Instructions/Circulars of such pay revision or a case of discrimination in teeth of Article 14 of the Constitution of India is made out with similarly situated persons, judicial review of such administrative action is not called for.
We are, therefore, satisfied that the impugned order does not suffer from any errors warranting interference under Article 226 of the Constitution of India. Accordingly, the instant writ petition is dismissed.
(Aparesh Kumar Singh,J) (B.B.Mangalmurti,J) jk