Chand Mohd. vs State of Rajasthan and Others

Sandeep Mehta, J.—All these three writ petitions involve a common controversy and have been preferred seeking the same relief and are thus being decided by one order.

The petitioners have approached this Court with the following prayer:--

"It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be accepted and allowed and by an appropriate writ, order or direction respondents may kindly be directed to fix the petitioner''s in the pay scale Rs. 1640-2900 w.e.f. 25.1.1992 and to revise the pension accordingly and to pay the arrears of Salary/Pension became due on grant of selection pay scale Rs. 1640-2900 along with interest @ 18% p.a. from the day when the same became due." 3. The petitioners herein were appointed as Vaccinators in the respondent department in the year 1964. The grievance of the petitioners is that another employee named Mr. Shyam Sunder who was appointed as a Vaccinator after the petitioners and was junior to them in length of service was given a higher pay scale from an earlier date as compared to the petitioners. The petitioners submitted numerous representations to the concerned officials for removing the disparity in the pay scale being offered to them and Shri Shyam Sunder. The grievance raised by the petitioners was noticed by the departmental authorities and an order/communication Annexure P-13 dated 17.6.2004 came to be issued which has a material bearing on the fate of the instant writ petition. The relevant portion of the order/communication dated 17.6.2004 is quoted hereinbelow for the sake of convenience:--

The respondents have filed a reply to the writ petition wherein, basically the objection of delay is taken. On merits, it is mentioned that the pay scale of Sector Supervisor was higher than that of a Vaccinator, and as Shyam Sunder was given the pay scale of Sector Supervisor much before the petitioners, he was rightly kept in a higher pay scale as compared to the petitioners.

Counsel for the petitioner submits that the posts of Senior Vaccinator (also termed as Senior Multipurpose Worker) and Sector Supervisor carry the same pay scale, and therefore, merely because Shyam Sunder was appointed on the post of Sector Supervisor prior to the petitioners, that by itself could not have been a reason to place the petitioners in a lower pay scale as compared to Shyam Sunder. He drew this Court''s attention to the pay scales applicable to the employees in the department as prescribed under the Rajasthan Civil Services (Revised Pay Scale) Rules, 1989 and urged that as per the Pay Scale Rules, at the relevant point of time the pay scale of Senior Multipurpose Worker (Senior Vaccinator) was in the grade of Rs. 895-1720 which was later revised to 975-1720. The pay scale of Sector Supervisor is also exactly identical as per the Pay Scale Rules. Learned counsel further drew the Court''s attention to the communication Annexure P-2 dated 8.10.1985 issued by the Additional Director, Medical and Health Services, Rajasthan, Jaipur whereby Shyam Sunder was posted at Sirohi as Sector Supervisor. The said order also reads that the pay scales of Sector Supervisor and Sr. Multi Purpose Worker are the same. The order also stipulates that as pay scales of both the posts are the same, no difference in the service conditions would ensue upon the Senior Multi Purpose Workers joining the new posts of Sector Supervisor. For the sake of ready reference, the relevant part of the said order is quoted hereinbelow:--

Thus, the learned counsel submits that the action of the respondent authorities in conferring different pay scales and service benefits and placing Shyam Sunder at a higher pedestal as compared to the petitioners who are admittedly senior to him in length of service is totally unjustified, arbitrary and discriminatory. He, therefore, prays that the writ petition deserves acceptance and the respondents be directed to make payment of all financial benefits flowing to the petitioners by stepping up their pay scales and declaring them to be at the same pedestal as Sh. Shyam Sunder. He also prays that the petitioners also deserve to be awarded the consequential benefits accruing from the stepping up of the pay scale with interest.

Per contra Ms. Sweta Bora, learned counsel associate to Mr. Anil Bissa, AGC vehemently opposed the submissions advanced by the counsel for the petitioners. She urged that the post of a Sector Supervisor is higher in rank as compared to Senior Multi Purpose Worker (vaccinator) and that is why the employee Shyam Sunder who was promoted to the post of Sector Supervisor before the petitioners was entitled to higher pay scale as compared to the petitioners.

Heard and considered the arguments advanced by the learned counsel for the parties. Perused the material available on record.

The assertions made by the petitioners in the writ petitions that the pay scale of Sr. Multi Purpose Worker/Sr. Vaccinator is the same as a Sector Supervisor is amply verified from the relevant part of the Pay Scale Rules of 1989, a copy whereof has been placed on record along with the writ petition. The above-quoted portion of the order Annexure P-2 whereby Mr. Shyam Sunder was given posting as a Sector Supervisor at Sirohi, also makes it amply clear that even as per the department''s own case, there was no difference in the pay scale of Sector Supervisor and Sr. Multi Purpose Worker. Consequently, the stance taken by the respondents in the reply that Mr. Shyam Sunder was promoted as a Sector Supervisor prior to the petitioners and was thus entitled to higher pay scales is without any basis whatsoever. It is undisputed that the petitioners are senior to Shyam Sunder in reference to the date of appointment. The disparity was noticed by the departmental officials as is manifest from the communication dated 17.6.2004 (the relevant portion whereof is quoted above) but no steps were taken to remove the same. Thus, there could not have been any justification on the part of the respondents in making a distinction in extending benefit of pay scales to the petitioners as compared to Shyam Sunder and keeping the petitioners in a position of disadvantage. The action of the respondents in meting out differential treatment in conferring Pay Scales to the petitioners as compared to Shyam Sunder and placing them in a disadvantageous position is arbitrary and discriminatory and in clear violation of the fundamental right of equality as guaranteed by Articles 14 and 16 of the Constitution of India.

The writ petitions thus deserve acceptance and are hereby allowed. The respondents are hereby directed to grant the petitioners all service benefits i.e. pay scale, salary/pension etc. by placing them in the same pedestal as Sh. Shyam Sunder. The petitioners shall be entitled to all consequential benefits with interest as applicable under the Rules.

No costs.