V.Gunasekaran v. Union of India

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21.12.2009CORAMTHE HONOURABLE MR. JUSTICE C.NAGAPPANandTHE HONOURABLE MR. JUSTICE M. DURAISWAMYW.P.No.7995 of 2009 V.Gunasekaran ... PetitionerVs1.Union of India, Rep. By its Secretary, Ministry of Health and family Welfare, Nirman Bhavan, New Delhi – 110 011.2.The Director General of Health Services, O/o. Director General of Health services (Division), Nirman Bhavan, New Delhi.3.The Director, Cental Leprosy Teaching and Research Institution, Cehngalpattu – 603 001.4.The Registrar, central Administrative Tribunal, Chennai. ... Respondents Petition filed under Article 226 of the Constitution of India toissue a Writ of Certiorarified mandamus calling for the recordspertaining to order of the 4th respondent in O.A.No.427 of 2007 dated22.10.2008 and orders bearing No.A12034/2/2004-Lep dated 06.02.2006of the 1st respondent and the order of the third respondent bearingNO.81/E1/81 dated 31.03.2006 and quash the same and consequentlydirect the respondents 1 to 3 to upgrade the petitioner pay scale of Sanitary Inspector from Rs.4000-6000 to 5500 – 9000 on par with theSanitary Inspector of the Port and Airport Health Organization.For petitioner : Mr.R.RameshFor respondents : Mr.M.Devendran, SPCCG – for R-1 to R-3 ORDERM. DURAISWAMY,JThe writ petition is filed for the issuance of a writ ofCertiorarified mandamus to call for the records pertaining to orderof the fourth respondent in O.A.No.427 of 2007 and orders bearing https://hcservices.ecourts.gov.in/hcservices/ No.A12034/2/2004-Lep dated 06.02.2006 of the first respondent and theorder of the third respondent bearing NO.81/E1/81 dated 31.03.2006and to quash the same and consequently direct the respondents 1 to 3to upgrade the petitioner's pay scale of Sanitary Inspector fromRs.4000-6000 to Rs.5500–9000 on par with the Sanitary Inspector ofthe Port and Airport Health Organization. 2. The petitioner in the writ petition is the applicant inO.A.No.427 of 2007 on the file of the Central AdministrativeTribunal, Madras Bench and the respondents are the respondents in thesaid application.3. The brief facts which lead to the filing of the writpetition are as follows:-(i) The petitioner was initially appointed as Sanitary Inspectorin Central Leprosy Institution (hereinafter referred to as "CLTRI"),Chengalpattu as direct recruit in the year 1981. His initial scaleof pay was Rs.330-560, which was subsequently revised as Rs.1200-2040with effect from 1.1.1986 under IVth pay Commission revision. Underthe Vth Pay Commission revision, the pay scale of the SanitaryInspector, CLTRI has been revised to Rs.4000-6000 with effect from1.1.1996. (ii) According to the petitioner, in the Port and Airport HealthOrganization, the post of Sanitary Inspector under the Ministry ofHealth and Family Welfare has been given replacement scale ofRs.5500-9000 instead of Rs.4000-6000. (iii) According to the petitioner, by notification dated29.11.2003 certain modifications have been made in the educationalqualification for the post of Sanitary Inspectors in the Port andAirport Health Organizations. However, the said notification doesnot contain any change in the nature of duties and responsibilitiesof the Sanitary Inspectors in the Port and Airport HealthOrganization. (iv) According to the petitioner, he is working under thecontrol of third respondent, which is under the control of Ministryof Health and Family Welfare, Government of India. Even the otherorganizations like, Port and Airport Health Organization comes underthe same Ministry where Sanitary Inspectors are working.(v) According to the petitioner, he possess the minimumeducational qualification i.e., passed Matriculation examinationwith certificate of diploma in Sanitary Inspector course morethan one year duration from a recognized institution. Since he isperforming similar duties as his counter parts in Port and AirportHealth Organization, he should be granted the pay scale of Rs.5500-9000 which is being given to his counter parts in Port and AirportHealth Organizations. (vi) According to the petitioner, he submitted variousrepresentations to the respondents. But, his representations havebeen rejected on the ground that he does not possess higherqualification which has been prescribed in the amended notificationdated 29.11.2003. https://hcservices.ecourts.gov.in/hcservices/

4. According to the respondents, the pre-amended rules ofSanitary Inspectors of Port and Airport Health Organization providedonly a pass in Matriculation or its equivalent like the recruitmentrules of the CLTRI which also provides for similar qualification.Admittedly, the petitioner does not possess necessary qualificationof Degree in Science. Since there are marked dissimilarities inmode of recruitment and educational qualifications between the postof Sanitary Inspectors in CLTRI, Chengalpattu and APHOs/PHOs, therehas to be distinction in the pay scale also. The existing post ofAPHOs/PHOs were given the pay scale of Rs.5500-9000. The suitabilityof the candidate was fixed on the basis of assessment made by DPCand CLTRI and the Sanitary Inspectors were awarded financialupgradation under ACP scheme based on the recommendation of theDPC.5. The Central Administrative Tribunal after taking intoconsideration all the documents, including the reply statement andthe additional reply statement submitted by the respondents,dismissed the Original Application. 6. Aggrieved over the order of the Central AdministrativeTribunal, the applicant has filed the above writ petition.7. Heard Mr. Mr.R.Ramesh, learned counsel for thepetitioner and Mr. M.Devendran, learned counsel for therespondents 1 to 3.8. On a careful consideration of the materials available onrecord and the submissions made by both the counsels, it could beseen that the main contention of the petitioner is that he isentitled to the pay scale of Rs.5500-9000. The contention of thepetitioner is related to the educational qualification which willdetermine the pay scale. As per the recommendation of the Vth PayCommission, the petitioner's scale was revised to Rs.4000-6000with effect from 01.01.1996. Thereafter, he was awarded firstfinancial upgradation under ACP scheme with effect from 09.08.1999in the pay scale of Rs.4500-7000 and second financial upgradationwith effect from 01.07.2005 in the pay scale of Rs.5000-8000. 9. It is also admitted fact that the pay of the petitionerand that of other employees in CLTRI were fixed as per Vth PayCommission report. Similarly, the pay of Sanitary Inspector inPort and Airport Health Organization is also fixed based on therecommendation of Vth Pay Commission. The Pay Commission is anexpert Body and it gives its recommendation after analyzing variousrelevant factors. Such recommendations are acted upon by theGovernment of India after due deliberation. It is settledprinciple of law that the Tribunals and Courts should not interferewith the area of legislation and policy decision. Therefore, it isfor the Government of India to take a policy decision on the issueraised by the petitioner. 10. It is also seen from the records that the mattersconnected with upgradation of pay scale etc., have been referred toVIth Pay Commission, the recommendation of which have already been https://hcservices.ecourts.gov.in/hcservices/ notified, it is for the Government India to take policy decision onthe issue raised by the petitioner. 11. The fixation of pay is not the function of Courtsand it is the function of the Government Of India, which normallyacts on the recommendation of the Pay Commission. The PayCommission which goes deep into the problem have a full picturebefore it, and it is the proper authority to decide upon this issue.It is also pertinent to note that the petitioner was granted twofinancial upgradation under the ACP Scheme. Further in APHO/PHO,the post of Sanitary Inspector is filled up by promotion and directrecruitment and there are feeder posts, whereas in CLTRI, the lonepost of Sanitary Inspector is filed by transfer on deputation andthere is no feeder post.12. The Central Administrative Tribunal have rightly cometo the conclusion that the issue has to be resolved as per therecommendation of the VIth Pay Commission and the decision taken bythe Government. 13. In these circumstances, we do not find any irregularityto interfere with the order of the Central AdministrativeTribunal. Accordingly, the writ petition is dismissed.However, there shall be no order as to costs. Sd/Asst.Registrar/true copy/Sub Asst.RegistrarrjTo1.The Secretary, Union of India, Ministry of Health and family Welfare, Nirman Bhavan, New Delhi – 110 011.2.The Director General of Health Services, O/o. Director General of Health services (Division), Nirman Bhavan, New Delhi.3.The Director, Cental Leprosy Teaching and Research Institution, Cehngalpattu – 603 001.4.The Registrar, Central Administrative Tribunal, Chennai+ One cc to Mr.M.Devendran SPCCG SR 70494 Order in W.P.No.7995 of 2009RK (CO)RH (4.1.10)