Laxmi Narain Mittal, J. - (1.) THE petitioners, through the instant writ petition, have challenged the order dated 20.04.2001 (Annexure P -16) of the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (in short, the Tribunal), thereby dismissing the Original Application (OA) No. 1017 -CH of 1993, preferred by the present petitioneRs. They have also claimed the relief of revised pay scale, at par with pay scale of corresponding equivalent posts in the State of Punjab which was claimed by them in the aforesaid OA, before the Tribunal.
(2.) THE petitioner No. 1 was working as a Senior Dietician and petitioner No. 2 as Dietician, under Director Health Services, Chandigarh Administration, Chandigarh. The petitioners made representation for granting them pay scale at par with their counter parts in Punjab. However, their claim was not accepted by the respondents. Their OA claiming the said relief was also dismissed by the Tribunal. It is not a matter of dispute that in view of various notifications issued by the respondents, the petitioners are entitled to pay scale at par, with their counter parts in the State of Punjab. The question to be adjudicated upon, however, is as to what are the corresponding equivalent posts in the State of Punjab.
(3.) TO adjudicate upon the aforesaid question, it is pertinent to mention that there is no post of Dietician or Senior Dietician under Director, Health Services in the State of Punjab. There is only a post of Assistant Dietician in the said Directorate. However, there are posts of Dietician (non -gazetted) and Dietician (gazetted) in the Department of Research and Medical Education in the State of Punjab. A chart of comparative qualifications and pay scales of all the aforementioned posts has been placed on the record as Annexure R -5, which is reproduced hereunder : - JUDGEMENT_169_LAWS(P&H)5_2007.htm Duties of Dietician in the Department of Research and Medical Education, Punjab, as contained in Annexure R -3 are as hereunder : Duties of Dietician in Director Research and Medical Education, Punjab : 1. Dietician is responsible to the Medical Superintendent for providing proper diet to the patients. 2. He will exercise control over the cook, bearers and other staff working in the diet department. 3. He will exercise supervisory control on the distribution & preparation of diet to the patients. 4. He will arrange the supplies of dietary articles for hospital use on behalf of the Medical Superintendent. 5.HE will scrutinize indent of dietary articles received from wards and see that no excess diet is issued against rules. He will check the diets prescribed by the house staff in the wards according to rules and under proper authority. 6.HE will check the diet registers maintained by the staff nurses I/c of each ward for proper record and maintenance. 7.HE will exercise supervisory control on management of kitchen of Nurses Hostel and supervise the diet accounts of Nurses Hostel. He will teach probationary nurses in the subjects of Nutritional Dietetics as special subject. Duties of Dietician in U.T., Chandigarh, as contained in Annexure R -4 are as under : Duties of Dietician in Director Health Services, U.T., Chandigarh : 1. Management of Dietetic department. 2. Management of therapeutic kitchen. 3. Standardization of recipes and supervision of cooking. 4. Teaching dietetic trainees, nursing staff and otheRs. 5. Maintaining duty roster of kitchen staff, leave record, six monthly health record of Class IV employees and other records required for personal management. 6. Running nutrition clinic and to attend to Dietetic Clinic. 7. Taking surprise visits to ensure proper distribution of food to patients particularly therapeutic diets. 8. Ordering dietary articles (dry and fresh) and supervising the receipts and issues of all supplies. 9. Checking of purchase bills relating to dietary articles in regard to their specification, quantity and rates and passing them on the Accounts Section. 10.MAINTENANCE of proper accounts for all dietary articles and inventory for dead stock articles. 11.SANITATION and cleanliness of kitchen areas. Supervision of fire precautions in the department. 12.ANY other duty that may be specified by the Medical Superintendent. ;