The State of Jharkhand through Principal Secretary, Department of v. Health, Medical Education and Family Welfare, Ranchi
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6027 of 2019 Payal Raina …. Petitioner 1. The State of Jharkhand through Principal Secretary, Department of Versus Health, Medical Education and Family Welfare, Ranchi. 2. The Principal Secretary, Finance, Govt. of Jharkhand, Ranchi. 3. The Director, Rajendra Institute of Medical Sciences through its Director, Ranchi. 4. The President, Medical Council of India, New Delhi. …. Respondents CORAM : HON’BLE DR. JUSTICE S.N. PATHAK ------ For the Petitioner For the Resp-State For the Resp.RIMS -----
Legal Reasoning
------ : Mr. Rajendra Krishna, Advocate : Mr. Sahbaj Akhtar, AC to AAG-III Dr. Ashok Kumar Singh, Advocate : 9 / 19.02.2024 Heard the parties. 2. The petitioner working as Radio Physicist / Radiological Safety Officer is claiming pay scale of 15600-39100 with Grade Pay of 6600 (revised) instead of 9300-34800, Grade Pay of 4200 (revised) treating the post of petitioner as teaching post in terms of advertisement dated 1.2.2008. The petitioner has also prayed for quashing of the order dated 4.4.2017 passed by the Additional Chief Secretary, Govt. of Jharkhand, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand, Ranchi, by which her request for grant of appropriate pay scale has been rejected. 3. Mr. Rajendra Krishna, learned counsel appearing for the petitioner submits that an advertisement was published by the respondent- RIMS inviting applications for the post of Teachers and Super-Specialties Consultants including the post of Radio Physicist with qualification of M.Sc/Ph.D. The petitioner having eligible in all respects applied for the post of Radio Physicist and finally she was selected and appointment letter dated 15.8.2008 was issued. Thereafter, the petitioner joined on such post on 6.10.2008. An office dated 13.1.2009 was issued, whereby the pay scale of Rs. 6500-10500 was fixed to the post of Radio Physicist. The petitioner being not satisfied with the pay scale represented before the respondent- authorities requesting therein to grant pay scale of Rs. 8000-13500 (unrevised). Learned counsel further submits that the case of the petitioner was not considered and finally it was rejected vide order dated 4.4.2017. Mr. 2 Krishna submits that the impugned rejection order is totally bad in the eyes of law, inasmuch as, the petitioner is entitled for the pay scale of 8000-13500 as per the advertisement and also in view of the fact that similarly situated persons in other Medical Institutions of other States are getting the pay scale of 8000-13500 to the post attached to the petitioner, as Radio Physicist. 4. Contrary to that, Dr. Ashok Kumar Singh, learned counsel appearing for the respondent-RIMS submits that the post of Radio Physicist is not a Super Specialist post and simultaneously, it cannot be said to be a teaching post. The teaching post in the RIMS starts from the post of Assistant Professor whereas the very appointment of the petitioner is in non- teaching post of Grade-III. Learned counsel further submits that the petitioner was not appointed on sanctioned post, though she is claiming pay parity to the persons who have been appointed on sanctioned post. Therefore, the petitioner is not entitled for the pay scale of Rs. 8000-13500 (unrevised) and rightly, her request has been rejected by the authority. Learned counsel further submits that even otherwise, the petitioner has knocked the door of this Court after ten years. 5. Having heard the rival submissions of the learned counsel for the parties, it appears that the matter is related to pay anomaly as per entitlement of the petitioner. This Court, sitting under Article 226 of the Constitution of India is of the opinion that it would be expedient in the interest of justice to refer all such type of matters before the Department concerned. On the cost of repetition, it is reiterated that as to what pay scale a particular employee is entitled for, is the exclusive domain of the State and the same needs ascertained by a Committee of experts. 6. In W.P.(S) No. 1820 of 2017 (Jharkhand Police Men’s Association, Branch Fire Service, Jharkhand, Ranchi Vs. State of Jharkhand & Ors.), this Court vide order dated 23.08.2018 has already directed the State Government to constitute a High Power Committee for looking after the cases of pay anomalies of the employees of the State. In fact, in compliance of the said order, Additional Chief Secretary, Govt. of Jharkhand vide office order dated 05.11.2018, has already constituted a High Power Committee for deciding the cases of pay anomalies. 7. In view of the peculiar facts and circumstances of the case, learned counsel appearing for the parties submit that the present writ petition 3 may also be disposed of, in terms of order passed in W.P.(S) No. 1820 of 2017, especially paragraphs-9 and 10 thereof, which read as follows:- “9. In the circumstances, individual petitioners are directed to approach respective Secretaries of the Department by filing their respective representations along with a copy of writ petition and other documents, if so required and upon receipt of the same, the department concerned shall take a decision within a period of three months from the date of receipt/production of a copy of this order. If department concerned is unable to take a decision, the same shall be referred to the Chief Secretary after assigning cogent reasons for not coming to a conclusion. The Chief Secretary of the the State, upon receipt of such recommendations of department, shall constitute a Committee of Heads of Department/ Secretaries including the experts and other members who are found appropriate in the interest of Committee for taking final decision. Final decision shall be taken by the Committee within a further period of four months. Committee shall examine individual cases and take a decision regarding pay anomalies, entitlement of receiving a particular pay scale etc. and other emoluments, if any, in accordance with law. If the Committee fails to take a unanimous decision on the representation of the individual employees, the same shall be disposed of with a reasoned order. The parties aggrieved with said reasoned order are at liberty to approach the Court for redressal of their grievances. 10. The object behind constitution of such Committee is to ensure that no litigation comes to the Court without the parties having had an opportunity of conciliation before in- house Committee.” 8. Accordingly, I hereby direct the petitioner to approach the competent authority i.e. the Director, RIMS, Ranchi with a representation annexing the relevant documents, within a period of two weeks from the date of receipt of a copy of this order and upon receipt of such representation, the same shall be referred to High Power Committee, constituted in compliance of Court’s order dated 23.08.2018, passed in W.P.(S). No. 1820 of 2017. The High Power Committee shall verify the facts and entitlement of the petitioner and thereafter recommend the case of the petitioner to the concerned Department for grant of benefits of pay-scale as per her entitlement, in accordance with law. On receipt of such recommendation, the concerned Department shall pass a reasoned order and extend the benefit to the petitioner, if entitled, within a further period of eight weeks. 9. Needless to say that without prejudice to the argument 4 advanced by the parties, an independent decision be taken by the High Powered Committee. Let it be made clear that this Court has not gone into the merit of the case. 10. Since the matter is referred to the High Power Committee, the impugned rejection order dated 4.4.2017 shall not be given effect to till the decision is taken by the High Powered Committee. 11. With the aforesaid observations and directions, this writ
Decision
application stands disposed of. R.Kr. (Dr. S. N. Pathak, J.)