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2022 DIGILAW 21 (TRI)

Pradip Debnath v. State of Tripura

2022-01-13

S.G.CHATTOPADHYAY, S.TALAPATRA

body2022
JUDGMENT 1. Heard Ms. S. Deb Gupta, learned counsel appearing for the appellants as well as Mr. M. Debbarma, learned Addl. G.A. appearing for the respondents. 2. By means of this intra-court appeal, the judgment and order dated 09.04.2021 delivered in WP(C)No.1169 of 2018 has been challenged by the writ petitioners. The writ petitioners are working as the Senior Laboratory Assistant/Technician in the Police Hospital. They have urged this court for extending them the pay scale of Rs.4200-8650/-, the pay scale which has been granted to the Laboratory Technicians who were working under Health & Family Welfare Department under Tripura State Civil Services (Revised Pay) Rules, 1999. It may also be noted that the writ petitioners (the appellants herein) have been placed in the scale of pay of Rs.3200-6030/- under the said ROP Rules, 1999. 3. Learned Single Judge has observed that some of the writ petitioners had earlier filed another writ petition in the Gauhati High Court in the year 2009 being W.P.(C)No.313 of 2009 which was disposed of by the order dated 19.08.2014 asking the writ petitioners of that writ petition to submit a representation laying down their reasons for seeking equation of pay scales. The said representation was made in terms of the said direction. After consideration, the claim of the petitioners were regretted. For purpose of reference, the relevant part of the order dated 01.12.2018 issued by the Secretary to the Government of Tripura, Department of Finance is extracted hereunder: 'Whereas, the claim of the petitioners have been examined with reference to respective Recruitment Rules to the post of Senior Laboratory Assistant under Home(Police) Department and Laboratory Technician under Health Department and while examination of the Recruitment Rules it has been observed that the nature of duties of each post in those two different departments varies according to requirement of the concerned Department and there is no scope to establish commonality among these tow posts. And Whereas, it further appears that the educational qualification etc, of the each of these individual posts of Senior Laboratory Assistant under Home(Police) Department and Laboratory Technician under Health Department is also different. And Whereas, it further appears that the educational qualification etc, of the each of these individual posts of Senior Laboratory Assistant under Home(Police) Department and Laboratory Technician under Health Department is also different. And Whereas, the Hon'ble High Court is its judgment dated 19.08.2014 has also observed that 'fixation of the pay scale is with the employer and employee has no right to claim a particular pay scale unless he shows any discrimination or he is discharging similar duties of a post for which higher pay scale is provided. As the case of the petitioners is not for 'equal pay for equal work' the same cannot be considered by this Court. It also appears from the record that the post of Laboratory Technician is not available in the police hospital, rather those posts are available in the Health and Family Welfare Department, from which it can also be said that the petitioners and Laboratory Technician who are getting higher pay scale are working in two different departments and their nature of works is also different. Now, therefore, in compliance to judgment dated 19.08.2014 of the Hon'ble High Court in WP(C) No.313 of 2009 and considering the representation made by the petitioners in person and writing on their merit, the claim for upgradation of their existing pay scale of Rs.3200- 6030/- to the pay scale of Rs.4200-8650/- with effect from the date of their joining; keeping parity with the post of Laboratory Technician under Health Department cannot be agreed to.' [Emphasis applied] 4. Thereafter, the learned Single Judge has, having made a comparative study of the relevant recruitment rules, observed that in the case of the post of Laboratory Technician in the Health & Family Welfare Department, the educational qualification as required is of two years Diploma in Medical Laboratory Technician course from the recognized institution, whereas for the post of Senior Laboratory Assistant/Technician in the Police department requires only six months training in a Laboratory. Hence, it has been deduced that nature of the duties of the holders of two posts are also remarkably different, besides the referred difference in the essential qualification as laid down by the relevant recruitment rules. Hence, it has been deduced that nature of the duties of the holders of two posts are also remarkably different, besides the referred difference in the essential qualification as laid down by the relevant recruitment rules. Thus, the learned Single Judge has observed that the principle of equal pay for equal work cannot be applied abstractly, unless there is commonality and equality on all relevant aspects including the duties and responsibilities, work load as well as educational and other qualifications. Having observed in the above terms, the writ petition has been dismissed by the said judgment and order, which is under challenge in this appeal. 5. Ms. S. Debgupta, learned counsel appearing for the appellants has strenuously argued that the petitioners are discharging the equal load of duties and responsibilities as the Senior Laboratory Assistant/Technician in the Police Hospital. In order to buttress the said contention, Ms. Debgupta, learned counsel has placed her reliance on two documents which have been brought into the records with leave of this court and available in IA No.01 of 2021 arising from WA 185 of 2021 and IA No.2 of 2021 arising from WA 185 of 2021. Ms. Debgupta, learned counsel has brought to our notice the provisions of the recruitment rules for the post of Laboratory Technician which was notified on 22.03.1971. It appears that following qualifications are required for recruitment to the post of Laboratory Technician: (i) Matriculation/School Final/Higher Secondary passed with Science as one of the subjects (ii) Selected candidates will undergo a short course of training to be arranged by the department. 6. Ms. S. Deb Gupta, learned counsel has also placed her reliance on a disclosure made under the Right to Information Act, 2005 by the letter dated 02.06.2021 [part of IA No.02 of 2021]. The said disclosure is in respect of laboratory services under the Directorate of Health Services. The said disclosure catalogues several areas of works and the authorities to exercise control at the various levels. From reading of the said disclosure it is difficult to work out the actual duties and responsibilities discharged by the Laboratory Technicians under the Directorate of Health Services. Ms. Deb Gupta, learned counsel has contended that the petitioners have completed the post-appointment training successfully and they have been brought to the regular service by granting regular scale of pay i.e. 3200- 6030/-. Ms. Deb Gupta, learned counsel has contended that the petitioners have completed the post-appointment training successfully and they have been brought to the regular service by granting regular scale of pay i.e. 3200- 6030/-. But when they have discovered that the Laboratory Technicians under the Directorate of Health Services were receiving the scale of pay of Rs.4200-8650/-, they had agitated for the said scale and the concerned authority in the Home Department forwarded their claim to the Finance Department for consideration. According to Ms. Deb Gupta, learned counsel that there is difference in the duties attached to those posts. 7. There is no dispute that the petitioners were given the regular scale of pay on their completion of five years of service in 2007 by the office order dated 25.02.2009. The petitioners had filed the representations to the competent authority for enhancing their pay scale from Rs.3200-6030/- to Rs.4200-8650/-, equivalent to the pay scale of the Laboratory Technicians under Directorate of Health Services. Their representations were duly forwarded for consideration. But no positive result has yielded as yet. As it is noted above that some of the writ petitioners namely Pradip Debnath and Kanika Rani Das filed the other previous petition. While disposing the said writ petition, the petitioners were asked to submit the representation laying down their grievances. It was also directed that the Finance Department shall make due scrutiny of the grievances and pass the appropriate order. The Finance Department has claimed to have made the due scrutiny. But they declined to accept the claim of the petitioners. 8. Ms. Deb Gupta, learned counsel has further argued that the duty of the petitioners and the duty of the Laboratory Technicians under the Directorate of Health Services, Government of Tripura cannot be distinguished. But we have gone through the reasons provided in the order dated 01.12.2018 by the Secretary, Finance Department where it has been categorically stated that not only the duties but also the educational qualification for entering the post are quite different and hence the reasons extended by the petitioners are not acceptable. But we have gone through the reasons provided in the order dated 01.12.2018 by the Secretary, Finance Department where it has been categorically stated that not only the duties but also the educational qualification for entering the post are quite different and hence the reasons extended by the petitioners are not acceptable. Even the petitioners have relied on a document which has been disclosed under the RTI Act on 14.02.2020 [page 142 of the memorandum of appeal] wherefrom it appears that duties of Senior Laboratory Assistant/Technicians, working in the Police Hospital, Government of Tripura, are to collect blood and other pathological samples in the OPD of the Hospital and perform the pathological tests and furnish the report. But so far the Laboratory Technicians attached to the general hospitals are concerned, they are to carry out the various tests of critical requirement. For that reason, their technical qualification has been prescribed far higher than the educational qualification of the Senior Laboratory Assistant/Technician working under the Home Department. However Ms. Deb Gupta, learned counsel has criticized that analogy brought by the learned Single Judge in this judgment and order dated 09.04.2021. 9. Mr. M. Debbarma, learned Addl. G.A. at the outset has submitted that there is no infirmity in the impugned judgment inasmuch as, an expert department like Department of Finance, Government of Tripura has made due survey in respect of equation of post and they have come to an inference that both the duties and the requirement of the essential qualification for entering into those posts are different. This court will not interfere with the said finding in absence of pervading materials which would ex facie demonstrate that there is no distinction at all. 10. We find sufficient force in the submission of Mr. Debbarma, learned Addl. G.A. Duties and the educational and technical qualifications of those posts i.e. Senior Laboratory Assistant/Technicians working under the Home Department and Laboratory Technicians working under the Directorate of Health Services are in great variance. Hence, the petitioners cannot claim the equation of posts for equal pay scale vis-a-vis the post of Laboratory Technicians working under the Directorate of Health Services. Having observed thus, this appeal stands dismissed. However, in the circumstances, there shall be no order as to costs.