- (1.) With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.
(2.) The instant writ petition has been filed under Article 226 of the Constitution of India seeking following reliefs: (i). For issuance of an appropriate writ(s), order(s) or direction(s) in the nature of certiorari for quashing part of Rule-13 of the Rajendra Institute of Medical Science Regulation, 2014 (Annexure-6); as the same is ultra vires to Articles 14 and 16 of the Constitution of India, since as per Rule-13 of the Rajendra Institute of Medical Science Regulation, 2014 (hereinafter referred as "RIMS Regulation 2014"), the Doctors (including trainee/intern Doctors) working in the RIMS, Ranchi have been given the salary and other allowances at par with All India Medical Sciences, however, in the same rule salary of other employee i.e. class III and Class IV employees of RIMS will be as per the pay scale decided by the State Government from time to time is arbitrary and not sustainable in eyes of law. (ii). For issuance of an appropriate writ(s), order(s) or direction(s) in the nature of mandamus commanding upon the respondents to fix the pay scale and other allowances of the petitioners (Class III employees of RIMS, Ranchi) at par and equivalent to the employees of All India Medical Science) (hereinafter referred as AIIMS) and other similar institution, since the qualifications, experiences, and nature of work of petitioners are exactly similar to employees of AIIMS and other institutions, but the pay-scale of the petitioners are much below than employees of AIIMS and other institutions managed by Central Govt.
(3.) The brief facts of the case, which are required to be referred herein, as per the pleadings made in the writ petition, read hereunder as: In pursuance to the advertisement being Advertisement No. 5414 dated 20.09.2003 issued from the office of Director, RIMS, Ranchi, for contractual appointment on the posts of Lab Technicians, Pharmacists, O.T. Assistant, Dresser, the writ petitioners applied and were appointed on the said posts. Consequently, they joined their respective posts in the month of February and March, 2006 in Rajendra Institute of Medical Sciences, Ranchi (in short "RIMS, Ranchi") and continued to discharge their duties to the satisfaction of the authorities of the RIMS, Ranchi. In the year 2015, the respondent-RIMS further floated an advertisement as contained in Memo No. 7583 dated 07.11.2015 for regular appointment of Para- medicals (Lab Technicians, Pharmacists, O.T. Assistant and Dresser), who have work experience of eight years on the respective posts. The writ petitioners, fulfilling all eligibility criteria, applied for and on being found successful were appointed in the regular establishment of RIMS, Ranchi, as would be evident from letter as contained in Memo No. 8854 dated 26.12.2015. Since then they are working on the said posts to the satisfaction to the authorities of RIMS, Ranchi. It is the case of the writ petitioners that the payscale as well as Dearness Allowance (D.A.) was fixed by the RIMS, Ranchi in the light of notification dated 25.03.2009 as contained in Memo No. 965 issued under the signature of Secretary, Department of Planning-cumFinance, Government of Jharkhand. Thereafter, again the pay-scale as well as D.A. of the writ petitioners was fixed in the light of resolution dated 20.04.2013 as contained in Memo No. 995 issued under the Signature of Principal Secretary, Govt. of Jharkhand by the order of H.E., the Governor, Jharkhand. In the year 2014, the State Government came up with a regulation, namely, Rajendra Institute of Medical Sciences Regulation, 2014 (hereinafter referred to as "Regulation, 2014") published in the official Gazette of the State Government dated 22.09.2014. Rule -13 of the said Regulation, 2014 speaks about salary and other allowances of the RIMS employees. According to the writ petitioners, in pursuance to the Rule 13 of Regulation, 2014, the pay-scale and other allowances of the doctors working under RIMS has been decided to be extended at par with the doctors working in All India Institute of Medical Sciences, New Delhi (in short 'AIIMS, New Delhi") but the pay-scale which the other employees (Class III employees) are getting at AIIMS, New Delhi has been denied to such employees at RIMS, Ranchi stating that the employees working under RIMS will be entitled to the pay-scale as has been fixed by the State Government. ;