JUDGMENT 1. This writ petition has been filed by the petitioner to direct the respondents to consider prescribing similar pay scale of Rs.9300- 34800+GP 4200 to the post of Health Educator so as to maintain the equivalency and analogousness amongst the post of Health Educator and Health Inspector, Department of Community Medicine, RIMS by reconsidering the present pay scale of Rs.5200 pay band plus GP 2800. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The case of the petitioner is that he joined the service as Health Educator in the Department of Community Medicine and in the initial appointment order, the pay scale for the post of Health Educator was prescribed as 1400-2300/-. Subsequently, in pursuance of the decision taken in the 18th Executive Council, Society of RIMS, Imphal held on 28.6.2000, the Chairman of the Executive Council declared that the post of Health Inspector and Health Educator, RIMS should be one and the identical time scale of pay of Rs.4500-7000 for future appointment vide order dated 21.7.2000. Consequently, the petitioner was granted pay scale of Rs.4500-7000 in the 5th Revision of Pay along with the post of Health Inspector in compliance of the aforesaid decision of the Executive Council. However, in the 6th Revision of Pay, the post of Health Educator was prescribed with the pay scale of Rs.5200 pay band plus GP 2800/-. 4. Further case of the petitioner is that he came to know the advertisement dated 30.5.2015 issued by the RIMS inviting application for appointment to various posts in RIMS including the post of Health Inspector by prescribing the pay scale of Rs.9300-34800+GP 4200/-, which is higher than the pay scale enjoyed by the Health Educator at that point of time. Against the advertised post of Health Inspector, one LaishramJenibala Devi was appointed on 30.12.2015 on the recommendation of the Selection Committee in the scale of pay of Rs.9300-34800+GP 4200. Thus, while the post of Health Educator was enjoying scale of pay of Rs.5200 pay band plus GP 2800/-, the Health Inspector was given higher scale of pay of Rs.9300- 34800+ 4200 GP. 5. Thus, while the post of Health Educator was enjoying scale of pay of Rs.5200 pay band plus GP 2800/-, the Health Inspector was given higher scale of pay of Rs.9300- 34800+ 4200 GP. 5. According to the petitioner, he was granted first financial upgradation under the MACP Scheme to the scale of Rs.9300 plus GP 4200 after serving more than 20 years in the post and was subsequently on 27.5.2017, he was granted 2nd MACP to the scale of Rs.9300 + GP 4600/-. Being aggrieved by the inequality in the pay prescribed for the post of Health Educator and Health Inspector subsequent to the appointment of Jenibala Devi in the pay scale of Rs.9300 pay band plus GP 4200/-, the petitioner approached the RIMS authority for rectifying the inequality in the pay scale of Health Educator and Health Inspector by way of representation on 23.9.2016 in view of the decision of the Executive Council. Since the respondent authorities failed to take action on the representation of the petitioner, he again made a fresh representation on 4.6.2020 for implementation of the equal pay. However, till date the representation of the petitioner has not been considered and also rectified the inequality of pay in the post of Heath Educator and Health Inspector. Hence, the present writ petition. 6. Respondents 1 to 3 filed affidavit-in-opposition stating that based on the recruitment rules of Health Inspector that existed before 2015, RIMS issued an advertisement dated 30.5.2015 for appointment to various posts including that of one unreserved post of Health Inspector in the scale of pay of Rs.9300-34800+GP 4200/- on direct recruitment. Subsequently, Jenibala Devi was appointed as Health Inspector in the scale of pay of Rs.9300-34800+GP 4200/-. It is submitted that though a decision was taken to declare that the post of Health Inspector and Health Education should be in one identical time scale of pay for future appointment, the recruitment rules of the said posts were not amended. Subsequently, Jenibala Devi was appointed as Health Inspector in the scale of pay of Rs.9300-34800+GP 4200/-. It is submitted that though a decision was taken to declare that the post of Health Inspector and Health Education should be in one identical time scale of pay for future appointment, the recruitment rules of the said posts were not amended. It is stated that thereafter, RIMS was transferred to the Ministry of Health and Family Welfare, Government of India in 2007 and the Ministry of Health and Family Welfare constituted a review committee under the Chairmanship of the Director, NEIGRIHMS for reviewing the recruitment rules for all Group A, B & C non-faculty posts in RIMS to bring homogeneity and appropriate relativity among various non-faculty posts in the northern eastern institutions, namely RIMS, Imphal, NEIGRIHMS, Shillong and RIPANS, Aizwal. 7. It is stated that a meeting was held for reviewing of all recruitment rules of non-faculty posts. However, a final decision on amendment of all the recruitment rules for non-faculty posts has not yet been made. The RIMS has not made any further appointment in respect of the post of Health Educator as there is no vacant at present. Hence, the allegation made by the petitioner is not maintainable. There is no arbitrariness in following the recruitment rules which regulates its appointment as the recruitment rules in respect of the post of Health Educator and Health Inspector are different in terms of their qualification and scale of pay. The petitioner was granted higher pay in the scale of Rs.9300 plus GP 4600 vide order dated 27.5.2017 under MACP. Since the structure of the posts of Health Inspector and Health Educator are different as both are lone posts in the Department of Community Medicine, RIMS, the respondents pray for dismissal of the writ petition. 8.The learned counsel for the petitioner submitted that though in the 18th Executive Council Society of RIMS held on 28.6.2000, it was declared that the post of Health Inspector and Heath Educator should be in one identical time scale of pay of Rs.45-7000 for future appointment and consequently, the petitioner being Health Educator was granted the said pay in compliance of the decision of the Executive Council, in the 6th Revision of Pay, the post of Health Educator was prescribed with pay scale of Rs.5200 pay band plus GP 2800/-. Further, pursuant to the advertisement for the post of Health Inspector, one LaishramJenibala Devi was appointed on 30.12.2015 in the scale of pay of Rs.9300- 34800+GP 4200/-. Thus, while the post of Health Educator was enjoying the scale of Rs.5200 plus GP 2800/-, the Health Inspector was given higher scale of pay of Rs.9300 plus GP 4200/-, which is arbitrary and the same has to be rectified. 9. The learned counsel further submitted that on 23.9.2016, the petitioner submitted a representation for rectification of the inequality in the pay scale of Health Educator and Health Inspector pursuant to the decision taken in the 18th Executive Council Meeting that the post of Health Educator and Heath Inspector should be in one identical scale of pay in future appointment. Since the said representation of the petitioner was considered, on 4.6.2020, the petitioner preferred another representation and the same has also not been considered till date. 10. Per contra, learned counsel for the respondents submitted that the scale of pay prescribed in the recruitment rules in respect of the posts of Health Educator and Health Inspector are 1400-40-1600-50-2300-EE60-2600, which would later on correspond to Rs.5200 pay band plus GP 2800/- in the 6th Revision of Pay and Rs.640-1410, which would later on correspond to Rs.9300 pay band plus GP 4200/- in the 6th Revision of Pay respectively. He would submit that a decision was taken in the 18th Executive Council Meeting to have identical scale of pay in future appointment in respect of the post of Health Educator and Health Inspector and that the scale of pay mentioned in the recruitment rules of the said two posts are not amended in consonance with the decision taken in the 18th meeting. Though meetings were held under the Chairmanship of the Director, NEIGRIHMS for reviewing of all the recruitment rules of non-faculty posts, a final decision on amendment/modification of all the recruitment rules for non-faculty posts is yet to be taken. 11. Though meetings were held under the Chairmanship of the Director, NEIGRIHMS for reviewing of all the recruitment rules of non-faculty posts, a final decision on amendment/modification of all the recruitment rules for non-faculty posts is yet to be taken. 11. The learned counsel further submitted that the plea of the petitioner to upgrade the pay scale of the post of Health Educator to the scale of Rs.9300 pay band plus GP 4200/- from the scale of pay of Rs.5200 plus GP 2800/- to maintain equality in terms of the decision of the Executive Council is not maintainable since the pay scale of the post of Health Educator prescribed in the recruitment rules is Rs.1400-40- 1600-50-2300-EE-60-2600 which would later on correspond to Rs.5200 pay band plus GP 2800/- in the 6th Revision of Pay. However, the scale of pay prescribed in the recruitment rules of the post of Health Inspector is Rs.640-1410/- which would later on correspond to Rs.9300 pay band plus GP 4200/-. Thus, an advertisement dated 30.5.2015 was made for appointment to various posts, including that of one unreserved post of Heath Inspector in the scale of pay of Rs.9300 pay band plus GP 4200/- on direct recruitment. 12. The learned counsel then submitted that the petitioner was granted higher pay scale of Rs.9300 plus GP 4600/- vide order dated 27.5.2017 under MACP which his higher than the pay scale of Jenibala Devi. Thus, a prayer is made to dismiss the writ petition. 13. This Court considered the rival submissions also perused the materials available on record. 14. The grievance of the petitioner is that once the posts of Heath Educator and Health Inspector to have an identical time scale of Rs.4500- 125-7000 for future appointment, the scale of pay of the Health Inspector has been fixed at Rs.9300 pay band plus GP 4200/- whereas the scale of pay of the Health Educator has been fixed at Rs.5200 pay band plus GP 2800/-, which is contrary to the decision taken in the 18th Executive Council Meeting. Therefore, the said anomaly has to be rectified following the equality in the said two posts. 15. The Director of Regional Institute of Medical Sciences, Imphal issued an order dated 21.7.2000 declaring that the post of Health Inspector and Health Education of RIMS should be in one identical time scale of pay of Rs.4500-125-7000 for future appointment. Therefore, the said anomaly has to be rectified following the equality in the said two posts. 15. The Director of Regional Institute of Medical Sciences, Imphal issued an order dated 21.7.2000 declaring that the post of Health Inspector and Health Education of RIMS should be in one identical time scale of pay of Rs.4500-125-7000 for future appointment. In the order itself, the Director stated that the declaration was pursuant to the decision of the 18th Executive Council Meeting held on 28.6.2000. 16. It is pertinent to mention that the educational qualification prescribed for the post of Health Educator and Health Inspector are Graduate from a recognised University and Diploma in Health Education from a recognized University which are more or less similar. Taking into consideration of the identical educational qualification and the nature of the job of the two posts, the Executive Council of Society has decided for prescribing one identical pay scale. 17. On coming to know the anomaly, on 23.9.2016, the petitioner submitted a representation to the Director for rectification of the inequality in the scale of pay for both Health Educator and Health Inspector of RIMS to Rs.9300-34800+ GP 4200/-. Since the said representation has not been considered by the Director, on 4.6.2020, he has submitted another representation and admittedly, the said representation has not been considered till date. 18. The declaration of the identical time scale of pay of the two posts at the rate of Rs.4500-125-7000 was pursuant to the decision taken in the Executive Council Meeting dated 28.6.2000 and he same has not been disputed by the respondents. However, the respondents contended that the upgradation of the pay scale of the post of Health Educator to the 9 scale of pay of Rs.9300 pay band plus GP 4200/- is not maintainable since the pay scale of the post of the Health Educator prescribed in the recruitment rules i.e. Rs.1400-40-1600-50-2300-EE-60-2600 which would later on correspond to Rs.5200 pay band plus GP 2800/- in the 6th Revision of Pay. The scale of pay prescribed in the recruitment rules of the post of Health Inspector is Rs.640- 1410 which would later on correspond to Rs.9300 plus GP 4200 in the 6th Revision of Pay. The scale of pay prescribed in the recruitment rules of the post of Health Inspector is Rs.640- 1410 which would later on correspond to Rs.9300 plus GP 4200 in the 6th Revision of Pay. The aforesaid explanation offered by the respondents cannot be countenanced for the reason that once the scale of pay of the Health Educator and Health Inspector should be one identical time scale of pay, the scale of pay of Rs.9300 pay band plus GP 4200/- is ought to be extended to the post of the Health Educator also. The plea of the respondents that since the recruitment rules for the post of Health Educator has not been properly amended, the petitioner has no right to claim identical pay of Rs.9300 pay band plus GP 4200/- raised by the respondents is unsustainable in the eye of law. 19. As stated supra, the Health Educator is entitled to get similar pay scale in terms of the order dated 21.7.2000 and the respondents are bound by its order and they cannot disobey their own order. Pending finalization of the proposed review of the relevant recruitment rules, it would be just and proper to prescribe similar pay scale to the Health Educator and Health Inspector as have been done prior to the appointment of Jenibala Devi in the year 2015. 20. Insofar as the contention of the respondents that the petitioner was granted higher pay in the scale of Rs.9300 plus GP 4600/- under MACP is concerned, as rightly argued by learned counsel for the petitioner that enjoying the pay scale of Rs.9300 plus GP 4600/- by the petitioner is after enjoying the second MACP pursuant to rendering more than 26 years of service as Health Educator, while Jenibala Devi is enjoying the pay scale in the first year appointment. Thus, the issue is not about enjoyment of higher pay scale after MACP, but enjoying similar pay scale for the post of Health Educator and Health Inspector. In fact, in terms of the order dated 21.7.2000, the respondents cannot even appoint a Health Inspector by prescribing higher pay scale than that of the Health Educator. Thus, the issue is not about enjoyment of higher pay scale after MACP, but enjoying similar pay scale for the post of Health Educator and Health Inspector. In fact, in terms of the order dated 21.7.2000, the respondents cannot even appoint a Health Inspector by prescribing higher pay scale than that of the Health Educator. Thus, this Court is of the view that since the pay scale of the Health Inspector has been upgraded to Rs.9300- 34800+GP 4200/-, it would be just and proper to upgrade the pay scale of Health Educator in terms of the order dated 21.7.2000 of the Chairman and also it is the duty of the respondents to amend the rules and the petitioners cannot be deprived of the non-amendment of the relevant rules. 21. As stated supra, the representations of the petitioner have not considered by the respondents till date and the last representation of the petitioner is dated 4.6.2020 and the same is also admittedly not considered by the respondents till date. In view of the above, it is appropriate to direct the respondents to consider the representation of the petitioner in the light of the discussions held supra. 22. Accordingly, (a) the writ petition is disposed of (b) the respondents are directed to prescribe the similar pay scale of Rs.9300- 34800+GP 4200/- to the post of Health Educator in order to maintain the equivalency and analogousness amongst the post of Health Educator and Health Inspector, Department of Community Medicine, RIMS by reconsidering the present scale of Rs.5200 pay band plus GP 2800/-. (c) The said exercise is directed to be completed within a period of three months from the date of receipt of a copy of this order. No costs.