STATE OF JHARKHAND Vs. JHARKHAND MEDICAL AND PUBLIC HEALTH EMPLOYEES ASSOCIATION
LAWS(JHAR)-2019-7-54
HIGH COURT OF JHARKHAND
Decided on July 03,2019

STATE OF JHARKHAND Appellant
VERSUS
Jharkhand Medical And Public Health Employees Association Respondents

JUDGEMENT

DEEPAK ROSHAN,J. - (1.) Heard learned A.A.G. for the appellant State and the learned counsel for the respondent writ petitioner, the Association of the Jharkhand Medical and Public Health Employees.
(2.) The appellant State is aggrieved by the impugned order dated 27.07.2017, passed by the Hon'ble Single Judge, in W.P.(S) No. 3606 of 2015, whereby the writ application filed by the petitioner respondent, claiming parity in the pay-scales of Health Visitor (Tuberculosis) with Lab Technicians and X-Ray Technicians, pursuant to 6th Pay Revision, was allowed by the Hon'ble Single Judge.
(3.) The facts of the case taken note in the impugned order, shows that the basic qualification for appointment to the posts of Health Visitor (Tuberculosis), the Lab Technicians and X-Ray Technicians were the same, being, I.Sc. pass. In the 3rd Pay Revision, Heath Visitor (Tuberculosis) were given the pay scale of Rs.296-460/-, whereas the Lab Technicians and X-Ray Technicians were placed in the lower pay scale of Rs.240-396/-. This difference in the pay-scales was also maintained in the 4th Pay Revision, and Health Visitors (Tuberculosis) were given the higher pay-scale than the rest of the two posts as stated above. The anomaly was firstly created upon the implementation of the 5th Pay Revision Committee Report, in which the pay scale for the post of Health Visitor (Tuberculosis) was fixed at Rs.1320-2040/-, and for the post of X-Ray Technician, which until then was in the lower pay scale, was given the higher pay scale of Rs.1400-2300/-. However, on the representation of the Health Visitors (Tuberculosis), the anomaly was resolved by the State Government and the pay-scales of both the posts were fixed at Rs.1400-2300/-. The main controversy arose upon the implementation of the recommendation of the 6th Pay Revision Committee Report, in which the Health Visitors (Tuberculosis) were given the pay-scale of Rs.4000-6000/-, whereas the Lab Technicians and X-Ray Technicians were given the higher pay-scale of Rs.4500-7000/. Thus, claiming parity in the pay-scales of these three posts, the writ application was filed by the association writ petitioner, claiming that the fixation of Health Visitors (Tuberculosis) in lower pay scale, was arbitrary, discriminatory and irrational.;


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