Research › Search › Judgment

Himachal Pradesh High Court · body

2020 DIGILAW 113 (HP)

STATE OF H. P. v. KAPIL KUMAR

2020-01-09

DHARAM CHAND CHAUDHARY, JYOTSNA REWAL DUA

body2020
JUDGMENT : Jyotsna Rewal Dua, J. 1. Instant appeal has been preferred by the State, aggrieved against the judgment passed by the learned Single Judge, whereunder it was held that petitioner was discharging same and similar functions and duties, as were being discharged by the employees of various other categories viz. Multipurpose Health Workers, Basic Health Workers etc. to whom pay scale of Rs. 570-940 was accorded. Consequently, appellant-State was directed to accord all benefits of the pay scale in favour of respondent/original writ petitioner. The parties hereinafter are referred to as they were before the learned Single Judge. 2. Facts necessary for the adjudication of the instant appeal are mentioned hereinunder:- (i) Himachal Pradesh Medical and Public Health Department Subordinate Class-III Services (Recruitment, Promotion and Certain Conditions of Service) Rules 1964 were notified on 24.06.1965 whereunder posts of Superior Field Worker (SFW in short) and Vaccinators were created. Post of SFW was in the pay scale of Rs. 50-3-80, whereas Vaccinator was in the pay scale of Rs. Rs. 37 - 2 - 67 Middle pass was the educational requirement for both the posts. (ii) Himachal Pradesh Health and Family Planning Department Subordinate Class-III Services (Recruitment, Promotion and Certain Conditions of Service) Rules, 1971 were notified on 15.12.1973, whereunder post of Basic Health Worker was created. Posts of SFW, Basic Health Workers (BHW in short) and Vaccinators were all Class-III non selection posts requiring same set of educational qualification i.e. Matric/Higher Secondary (Part-I) or equivalent. All the three categories of posts carried same pay scale of Rs. 100-160. (iii) Petitioner was appointed as SFW on 27.09.1977 in the pay scale of Rs. 100-160. In 1978, the pay scale of Rs. 400-600 was allowed to all the three category of posts. (iv) Multipurpose Health Worker Scheme (For short MHWS) was introduced by the State. Various existing categories of posts were proposed to be included under this Scheme. Category of Superior Field Workers, to which the petitioner belonged, was left out from inclusion in the Scheme, whereas categories of BHW and Vaccinators were included in the Scheme. O.A. No. 976 of 1991, filed in this regard by the petitioner, was directed to be treated as representation by the learned erstwhile H.P. State Administrative Tribunal vide judgment dated 02.03.1993. The representation was rejected by the State on 09.11.1995. Hence, second Original Application No. 2329 of 1995 was filed. O.A. No. 976 of 1991, filed in this regard by the petitioner, was directed to be treated as representation by the learned erstwhile H.P. State Administrative Tribunal vide judgment dated 02.03.1993. The representation was rejected by the State on 09.11.1995. Hence, second Original Application No. 2329 of 1995 was filed. This was allowed by the learned Single Judge as CWP(T) No. 2828 of 2008 vide judgment dated 22.11.2010, impugned in this appeal. 3. We have heard learned counsel for the parties and also gone through the record. (i) BHW, SFW and Vaccinators were Class-III, non selection posts in the same pay scale with the same set of essential educational qualifications. After introduction of MHWS, various categories of posts were included in the MHWS as Multi Purpose Health Workers. Categories of Basic Health Workers and Vaccinators were included in the Scheme and the holders of these posts were re-designated as Male Health Workers on 04.12.1980. The Director Health Services, Himachal Pradesh proposed to include category of SFW as Multipurpose Health Workers vide letter dated 17.08.1983. The recommendations were reiterated by him on 08.11.1983. On 09.05.1984, the Director, Health Services, Himachal Pradesh again pointed out anomaly and proposed the inclusion of the left out categories under Multipurpose Health Workers Scheme, including the category of SFW, to which the petitioner belonged. The State Government did not accept the recommendations of the Director. The representation of the petitioner, pursuant to the directions passed by the learned erstwhile H.P. State Administrative Tribunal in O.A. No. 976 of 1991, was rejected mainly on the ground that the post of Superior Field Worker was not included in the Multipurpose Health Workers Scheme and that Superior Field Workers perform different functions, therefore, category of SFW cannot be included under the Multipurpose Health Workers Scheme. (ii) The reason for not including category of SFW in Multipurpose Health Workers Scheme and not granting them the pay scale available to the post of Basic Health Workers/Vaccinators only on the ground that State did not include category of SFW in the Multipurpose Health Workers Scheme is fallacious. It was for the respondents to examine and deliberate as to why the category of Superior Health Workers could not be included under the Multipurpose Health Workers Scheme. The Director, Health Services repeatedly recommended inclusion of SFW under Multipurpose Health Workers Scheme. It was for the respondents to examine and deliberate as to why the category of Superior Health Workers could not be included under the Multipurpose Health Workers Scheme. The Director, Health Services repeatedly recommended inclusion of SFW under Multipurpose Health Workers Scheme. (iii) It is not in dispute that posts of Basic Health Worker, Vaccinator and Superior Field Worker were all Class-III non selection posts in the same pay scale of Rs. 160-400, revised to Rs. 400-600. The minimum educational qualification required for appointment in these three category of posts was same. Categories of Basic Health Worker and Vaccinator were included in the Multipurpose Health Workers Scheme in 1980, but the category of Superior Field Worker was left out. Higher pay scale of Rs. 510-940 was accorded to the post of Basic Health Worker and Vaccinator. The petitioner was also released pay scale of Rs. 510-940 w.e.f. 22.11.1983. However, this pay-scale was withdrawn from him on 09.02.1987 on the ground that his category was not included under the Multipurpose Health Workers Scheme. (iv) The training imparted to the Basic Health Workers, Vaccinators as well as Multipurpose Health Workers has also been imparted to the petitioner. As per admitted case of the parties, the petitioner was imparted this training w.e.f. 16.01.1978 to 20.02.1978 and w.e.f. 02.04.1979 to 09.05.1979. (v) The functions and duties discharged by the petitioner were akin to those discharged by Multipurpose Health Workers. Qualification possessed by the petitioner is the same as possessed by Basic Health Workers and Vaccinators, now re-designated as Male Health Workers under MHWS. Superior Field Worker is now practically a dying cadre. It has been submitted before us that out of eight incumbents, five have retired. The vacant posts have not been filled up. Under these circumstances, it would be appropriate to include the petitioner as Multipurpose Health Worker and to release him the pay scale of Rs. 570-940 as was released to the categories of Basic Health Workers and Vaccinators, as the petitioner has been discharging the duties of Multipurpose Health Worker. Even otherwise, there is no promotional avenue available to a SFW after the enforcement of Multipurpose Health Workers Scheme. Prior to introduction of MHWS, SFW constituted a common feeder category alongwith category of BHW for promotion to the post of Health Visitor under 1971 Rules. Most of the categories have now been included under Multipurpose Health Scheme. Even otherwise, there is no promotional avenue available to a SFW after the enforcement of Multipurpose Health Workers Scheme. Prior to introduction of MHWS, SFW constituted a common feeder category alongwith category of BHW for promotion to the post of Health Visitor under 1971 Rules. Most of the categories have now been included under Multipurpose Health Scheme. State has not denied the averments of the petitioner that category of Health Visitor has also been re-designated as Health Supervisor, thus virtually leaving no promotional avenue to the petitioner. 4. In view of the aforesaid discussion, the direction issued by the learned Single Judge for granting all benefits of pay-scale to the writ petitioner is justified. The appeal is accordingly dismissed. Pending applications, if any, also stand disposed of.