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8. Per contra, the 2nd respondent has filed a counter and the learned Government Advocate submitted that two posts were sanctioned in Central Sterilization unit at Government Theni Medical College Hospital, Theni. The minimum educational qualification for the post of Technical Assistant was Diploma passed etc., and the qualification for the post of Technician for CSSD was SSLC pass, ITI, Electrician trade (2 years) NPC and 5 years experience in the trade. The name of the post and the salary structure have been correctly mentioned in G.O.Ms.No.72, dated 05.03.2010 which is given to Government Medical College, Vilupuram. A critical perusal of annexure-I to G.O.Ms.No. 404, dated 03.12.2004 reveals that the various category of the non-medical post created for Theni Medical College and the post of Technical Assistant for CSSD (sterilization operator) was created with a scale of pay of https://www.mhc.tn.gov.in/judis  W.P.(MD).Nos.11244 & 11246 of 2021 Rs.4300-100-6000 in Serial No.57. Interestingly, Serial No.58 is post of Technician for Animal Operation Room (Animal Technicial) with a scale of pay of Rs.4000-1000-6000. Serial No.59 is the post of Technician in Audio Visual Aids Photography and Artist (Photographer Grade-2) with a scale of pay of Rs.4000-100-6000. Technical Assistant for CSSD is a trade post or which the prescribed minimum educational qualification is ITI Electrician trade, NTC. ITI certificate holders are trained in various trades like Welder, Tinker, Electrician, Wireman etc., by the Industrial Training Institute. Already the office committee of Finance Department by its order, dated 01.08.1992 has recommended to prescribe uniform pay scale for different trade without any distinction being made with reference to the basic academic qualification which is not very relevant to trade posts as tradesman. The Medical Council of India under the minimum standard requirements for Medical College (for 100 admissions annually) Regulation 1999 prescribes 8 posts of Technical Assistants and 8 posts of Technicians respectively for CSSD in Medical Colleges. That apart, the information under the Right to Information Act, dated 05.01.2016 as submitted by the petitioner reveals that 8 posts of Technical Assistants have been sanctioned to each and every 7 Medical Colleges including Vilupuram and Theni, of which only in Theni Medical College, 2 https://www.mhc.tn.gov.in/judis  W.P.(MD).Nos.11244 & 11246 of 2021 posts of Technical Assistant posts have been filled up and all the remaining posts are still vacant. Yet another information received under RTI Act, dated 06.01.2016 reveals that the basic pay matrix for the post of Technical Assistant in Vilupuram Medical College is Rs.9300-34800+4200(G.P).

(ix) All the posts in the colleges commenced vide G.O.Ms.No.144, 404 and 72 of the Health and Family Welfare were created prior to the implementation of G.O.Ms.No.338, dated 26.08.2010.

(x) Technical Assistant is a trade post and 8 Technical Assistant posts are earmarked for every CSSD in Medical Colleges as per Medical Council of India norms. Following MCI norms, 8 posts of Technical Assistant for CSSD https://www.mhc.tn.gov.in/judis  W.P.(MD).Nos.11244 & 11246 of 2021 have been sanctioned in both Theni and Vilupuram Medical Colleges respectively. There shall not be any pay discrimination between the two and pay should be fixed uniformly with parity to each other.

(xiii). The petitioners possess SSLC + Electrician Trade (National Trade Certificate) in ITI with 5 years experience in Sterilization.

(xiv) In view of the similar post of Technical Assistant, CSSD has been created and sanctioned to all the Medical Colleges including Theni and Vilupuram Medical Colleges and the grade pay sanctioned to the post of Junior Training Assistant and Government ITI with minimum education qualification of pass in SSLC + ITI (NTC) with 3 years/5 years experience respectively, I am of the view that the Government has not clarified whether the posts prescribing minimum educational qualification of Diploma should be headed in parity with posts prescribing SSLC + ITI (NTC) trade + 3 to 5 years experience in sterilization.

That apart, the anomaly in fixation of pay scale in the post of Technical Assistant for CSSD in Theni Medical College and the post of Technical Assistant for CSSD in Vilupuram Medical College are so glaring and writ large on the face, when the petitioners who are in possession of ITI Electrician trade (NTC) with 5 years experience in the field of sterilization are being equated with the post of Technicians requiring ITI Electrician trade (NTC) without field experience of 5 years. Though the post of Technical Assistant and Technician are trade posts, the area of operation and the nature of work to be exercised are extremly different and distinct from each other. Obviously, there has been a pay anomaly and though the representations were made by the petitioners, they have been unfortunately rejected by the competent authority. The equals have to be treated as equals and should be placed on the same pedestal in the matter of grant of pay scale. In this case, the 2 nd respondent claims difference between the same Technical Assistant posts in 2 different Medical Colleges. Such treatment of the post by the Government in the circumstances of the case has to be discountenanced outright by this Court. By such comparision of 2 equal posts to be treated unequally by the Government and grant of low pay scale to https://www.mhc.tn.gov.in/judis  W.P.(MD).Nos.11244 & 11246 of 2021 these petitioners by equating them with Technicians is per se preposterous, arbitrary, irrational and unreasonable and cannot be countenanced both in law and on facts. It is a clear case of violation of principles of equality enstrained in Article 14 of the Constitution of India. Article 14 of the Constitution of India is not only to secure ends of justice between equals, but also to prevent miscarriage of justice in treating two equal posts differently.