Shyam Parkash Singh and others vs State Of Haryana and others

Augustine George Masih, J.

CM. No. 3106 of 2012

Prayer in this application is for permission to place on record the documents, Annexures A/1 to A/3.

Prayer granted. Annexures A/1 to A/3 are taken on record.

Application stands disposed of.

C.W.P. No. 21783 of 2011

Petitioners have approached this Court challenging the order dated 30.09.2011 (Annexure P-10), vide which the claim of the petitioners for grant of equal pay scale to that of Dental Health Mechanics in the Post Graduate Institute of Medical Sciences, Rohtak while the petitioners are working in the Department of Health, Haryana, has been rejected. It is the contention of the counsel for the petitioners that the work, which is being performed by the petitioners, is similar to that of the Dental Health Mechanics working in the Post Graduate Institute of Medical Sciences, Rohtak. Their qualifications are also the same and, therefore, the nature of work and their qualifications being the same, they are entitled to the same pay scale as is being granted in the Post Graduate Institute of Medical Sciences, Rohtak.

I have considered the submissions made by the counsel for the petitioners and have gone through the records of the case.

The primary reliance, which has been made by the petitioners for claiming that the nature of work of the petitioners and that of the Dental Health Mechanics working in the Post Graduate Institute of Medical Sciences, Rohtak is the same, is based upon the information which the petitioners state they have received under the Right to Information Act from the Post Graduate Institute of Medical Sciences, Rohtak, wherein it has been stated that the work performed by the Dental Health Mechanics is as per the qualifications issued by the Dental Council of India which provides for the duties which are to be performed by the Dental Health Mechanics.

This contention of the counsel for the petitioners may be correct, however, the reasons assigned in the impugned order dated 30.09.2011 are quite justified and clearly make out the distinction between the nature of work and the assistance provided by the petitioners and those working in the Post Graduate Institute of Medical Sciences, Rohtak as Dental Health Mechanics. Relevant portion of the said order reads as follows:-

After hearing the party and going through the record, it is stated that there was never any parity between the two posts as is evident from the comparative chart of the pay scales from 1979 onwards. PGIMS is now a part of autonomous Health University and the hospital is a part of a teaching institution which always considered as a higher category institution in terms of medical treatment. Besides, PGIMS is a research institution, therefore, it cannot be equated with the primary or secondary care health facility. Nature of duties or work cannot be equated between the higher level institutions i.e. Pt. Bhagwat Dyal University of Health Services, Dental College and the lower level of institutions i.e. the Dental OPD in PHC, CHC and District hospitals. While at both places the Dental Mechanic may be assisting the Doctors, yet the nature of assistance is different because of the level of the institutions is different. Lab-work, Teaching, Higher facilities and equipments are some of features that distinguish.

Contention of the appellants that some other persons/cadres have been given similar pay scale is not relevant here, because this parity has not been adopted as matter of principle.

Moreover, as far as mode of appointment is concerned, the dental mechanics in PGIMS Rohtak are appointed 50% by direct recruitment and 50% by promotion from amongst Chairside Assistant or Assistant Dental Mechanic. The qualification of Assistant Dental Mechanic is Senior Secondary or 10+2 pass with Biology who must have dental mechanic course from a recognized Govt, or Private Dental College. The candidate must also be registered with Dental Council of India or State Dental Council. Chairside Assistant''s qualification is Matric pass with Hindi and Science (Physics and Chemistry) with two years experience as Chairside Assistant from any Government Hospital recognized by Dental Council of India or Government Dental Clinic or 5 years experience in private Dental Clinic.

In case of Dental Mechanic in Health Department, they are promoted from amongst Group D employees of the department who have 2 years experience of dental clinic in GH/CHC. Their qualification is only matric with Physics and Chemistry. Therefore, there is a clear distinction in terms of qualification and mode of recruitment which does not support a case for parity.

A perusal of the above reasons clearly explains and justifies the non-grant of the pay scale, which has been claimed by the petitioners equivalent to that of Dental Health Mechanics in the Post Graduate Institute of Medical Sciences, Rohtak. Further, the Courts are not expert bodies who would go into details with regard to the nature and quality of work performed by the employees. The best Judge is the concerned Government/employer. In the light of the above, finding no merit in the present petition, the same stands dismissed.