Decided on April 09,2021



Akil Kureshi,J. - (1.) Petitioners, who are working as Senior Laboratory Assistant/Technicians in the Police Hospital seek scale of pay of Rs.4200 ' 8650/-, which is granted to the Laboratory Technicians of Family Welfare Department under ROP, 1999. They have been placed in the scale of pay of Rs.3200 ' 6030/-, hence this grievance.
(2.) All the petitioners were selected and appointed to the same posts of Senior Laboratory Assistant/Technician in the Police Hospital pursuant to recruitment process, which was initiated in the month of December, 2001. All the petitioners possess minimum educational and experience qualifications prescribed under the Rules. As per the Recruitment Rules and ROP, 1999 they were placed in the scale of pay of Rs.3200 ' 6030/-. The grievance of the petitioners is that the Laboratory Technicians engaged by the Family Welfare Department receive pay in the scale of Rs.4200 ' 8650/-. According to the petitioners, this is in breach of the principle of equal pay for equal work since both the posts, qualifications and nature of work are identical.
(3.) The respondents have appeared and opposed the petition. In the affidavit-in-reply filed by the respondents, it is pointed out that previously the petitioners approached this Court by filing W.P. (C) No.313 of 2009 in which by an order dated 19.08.2014, the petitioners were asked to make representation which they had made. Such representation was examined by the authorities but not accepted. A copy of the order passed by the department on 01.12.2018 disposing of the representation of the petitioner is produced at Annexure-27 with the petition. In this order, while rejecting the request of the petitioners for upgrading the pay scale, following observations have been made: '.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 two 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.' '.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.' ;

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