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2. The brief facts are that in the 1970s, MCD had employed vaccinators in the pay-scale of ₹ 260 - 430, for the purposes of vaccinations for smallpox. In 1977, smallpox was eradicated. Under the expanded immunization program, introduced in 1978, every vaccinator was re-designated as an "Immunizer", and was required to perform the tasks of vaccinations/inoculations for smallpox, cholera, typhoid, diptheria, tetanus, and pertusis, as well as of birth and death registration. Meanwhile, the MCD had also appointed "inoculators" in W.P.(C) 2259/2012 Page 1 the pay-scale of ₹ 330 - 560. The duties of the inoculators were the same as those of the vaccinators/Immunisers. The latter, however - as stated above - were in the pay-scale of ₹ 260-430.

It is therefore evident that the second award was premised upon identical work performed by the claimant workmen; they had been recruited by MCD after the first award was implemented.

16. Interestingly, the MCD's position with respect to the present petitioners- in OA 1179/2011 before CAT, can be gathered from the following extract of their counter-affidavit, filed before the CAT:

"The Vaccinators who are appointed prior to 23-05-1981 and discharging the duties of Vaccinators/Immunizers were given the pay scale of Rs.330 - 560(Pre-Revised) on the analogy of Inoculators and LHVs on the basis of equal work equal pay, as the payscales of Immunizers at that time was Rs.260-430 (Pre-revised) but the pay scale of Inoculators at that time and LHVs was Rs.330 - 560(Pre-Revised) where the petitioners neither attained the training of Inoculation nor ever discharged the duties of Innoculators/Immunizers as they were appointed in 1998 - 99 in the pay scale of Rs. 3050-4590 [as per revised pay scale in the 5th Pay Commission] as per the Recruitment Rules of the post of Vaccinators and were redesignated as Assistant Public Health Inspectors and were granted the pay scale of Rs. 4000-6000 as per the Hon'ble High Court Orders and were given the appointment from back date, i.e 30-10-1998, later on this pay scale was revised upgraded to Rs. 4000-6000 vide Corporation Resolution No. 84 dated 28-04-2005 referred to above. Whereas Vaccinators who were the beneficiary of Award in ID No. 253/83 were granted the pay scale of Rs. 5000-8000 (pre-revised) and were designated W.P.(C) 2259/2012 Page 9 as PHI.
Now these Vaccinators i.e Petitioners in the instant case who were appointed in 1998-99 are asking for higher pay scale & designation of the post of PHI i.e the pay scale which they will get after their first promotion on the grounds that the Vaccinators were granted higher pay scale by virtue of the Award in ID No. 253/83 passed by the Industrial Tribunal vide orders dated 23-09-1988 referred to above.
The present Vaccinators/APHI's cannot claim parity with Inoculators/Vaccinators as they never performed the duties of Inoculators. Since PHI is promotional post of APHI as per our RRs being framed APHI will be considered for promotion to the post of PHI after fulfilling qualifying service in the post of APHI. APHI cannot be placed in the grade of Rs. 5000-8000."

23. Besides P.U. Joshi (supra) which, as seen earlier, does not help MCD's case on its own, CAT also relied upon the fact that the petitioner/applicants were not provided inoculation training. This was W.P.(C) 2259/2012 Page 15 also the basis of the Office Order, dated 5.10.2009, in which it was stated:

"The present Vaccinators cannot claim parity with Inoculators/Vaccinators as they never performed the duties of the Inoculators. Since Public Health Inspector is promotional post of Assistant Public Health Inspector and as per RRs being framed Assistant Public Health Inspector will be considered for promotion to the post of Public Health Inspector after fulfilling qualifying service in the post of Assistant Public Health Inspector, APHI cannot be placed in the grade of Rs. 5000 - 8000."