Pradip Debnath And Others vs State Of Tripura And Others

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.

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.

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."

Having heard learned counsel for the parties and having perused documents on record, I find that for the post of Senior Laboratory Assistant/Technician in the Police Department, the educational and other qualifications prescribed are as under:

"Essential:- Should have passed (i) ten plus two examination with physics, chemistry and mathematics and (ii) Laboratory technical course of not less than six months duration from a Govt. Institution/Hospital.

Desirable:- Experience as Laboratory Technician / Attendant / Assistant in a Govt. or a Private Hospital or Dispensary or Clinic or a Laboratory.

Note:- In case persons who have passed Laboratory Technician course are not available, the individual possessing prescribed Academic and qualifications may be recruited and deputed for the course. Till they successfully complete the course, they shall be paid stipend equivalent to the emoluments admissible at the minimum of the lowest scale of pay."

As against this, for a Lab Technician of the Family Welfare Department, as per the Recruitment Rules, the educational and other qualifications required are as under:

"1. H.S. (+2 stage) with science passed from a recognized Institution.

2(two) years Diploma in Medical Laboratory Technician Course from a recognized Institution."

Comparison of these two sets of qualifications would show that for the post of Senior Laboratory Assistant/Technician in the Police Department, what is necessary is Laboratory Technician course of not less than 6 months duration from a Government institution or hospital. As against this, in case of the post of Laboratory Technician in Family Welfare Department, the educational qualification required is of two years Diploma in Medical Laboratory Technician course from a recognized institution. Clearly, the minimum educational qualification required for the post of Laboratory Assistant in Family Welfare Department is higher than those prescribed for the post of Senior Laboratory Assistant/Technician in Police Department. This is what has also been highlighted by the Secretary to the Government of Tripura while rejected the representation of the petitioner by the order dated 01.12.2018. He has of course also noted that the nature of duties of the holders of the two posts is also different.

It is by now well settled through series of judgments of Supreme Court that the principal of equal pay for equal work cannot be applied in abstract and unless there is equality on all relevant aspects such as the nomenclature of the two posts, the duties and responsibilities and work load assigned as well as educational and other qualifications are identical, the principal of equal pay for equal work has no applicability.

In the result, petition is dismissed. Pending application(s), if any, stands disposed of.