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Shri A.K. Bhardwaj:

As is noted in the award of Presiding Officer, Industrial Tribunal No.I, Delhi passed in D.No.253 of 1983 on 23.5.1981, Municipal Corporation of Delhi (MCD) had employed Vaccinators in the pay scale of Rs.260-430 for vaccination work for eradication of smallpox. The main duty of Vaccinator was only to do so the job of smallpox vaccination and also to record the births and deaths at the specified centres. Smallpox was completely eradicated from India in the year 1977 and thereafter the expanded programme on immunization was introduced in December 1978. In this programme, every Vaccinator was re-designated as Immunizer and was required to perform the duties of a smallpox vaccination, cholera, typhoid, diphtheria, tetanus and pertusis inoculations besides the job of births and deaths registration. MCD had appointed Inoculators in the pay scale of Rs.330-560. Their job was inoculations of cholera alone, but under the expanded programme, Inoculators were also required to perform the same duties as were required to be performed by the immunizers. In the expanded programme, the Inoculators as well as Immunizers were performing the same nature of duties. Vaccinators and Inoculators were getting the pay scale of Rs.260-430.
Whether the immunizers should be granted the pay scale of Rs.330-560 w.e.f. 1.12.7 by the management of M.C.D. and if so, what directions are necessary in this respect.

3. The said Tribunal examined the issue in detail and finally concluded that the Vaccinators after being trained to take up the inoculation work and after eradication of smallpox, Inoculators and Vaccinators were doing the same work. Arriving at such conclusion, Industrial Tribunal directed MCD to place the Vaccinators / Inoculators in the pay scale of Rs.330-560 w.e.f. 23.5.1981. Operative portion of award dated 23.9.1988 reads as under:-

9. As is stated in the OA, certain Vaccinators, who were granted pay parity with Inoculators, were getting the pay scale of Rs.4000-6000, thus, they were re-designated as PHI in terms of circular dated 7.12.2011. While the Vaccinators, including the applicants, who were earlier re-designated as Assistant Inspector (EPID), were again re-designated as Assistant Public Health Inspector (APHI) in the pay scale of Rs.4000-6000. Claiming parity with such Vaccinators, who were given pay parity with Inoculators, applicants filed WP (C) No.4419/2002 before Honble High Court.

15. Per contra, learned counsel appearing for respondents submits that such Vaccinators, who were given training to perform the job of Inoculators and who were considered performing the same job as were being performed by Inoculators, were granted higher pay scale. To substantiate his argument, learned counsel appearing for respondents has read out award dated 23.9.1988 placed on record as Annexure A-3.

16. We have heard learned counsel appearing for the parties and perused the record.

17. Learned counsel appearing for applicants has made an attempt to justify the claim of applicants for their re-designation as PHI and pleaded that in the absence of any recruitment rules for said post, the recruitment rules available for the post of Vaccinator need to be followed and in terms of said recruitment rules all the Vaccinators need to be treated equally. Said submission made by learned counsel appearing for applicants seems to be demolishing her own claim for re-designation of applicants as PHI. If the argument advanced by learned for applicants, i.e., the post of PHI does not exist is accepted, then her own claim for re-designation as PHI becomes baseless in view of her own submission.