IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.12.2009 CORAM THE HONOURABLE MR. JUSTICE C.NAGAPPAN and THE HONOURABLE MR. JUSTICE M. DURAISWAMY W.P.No.7995 of 2009 V.Gunasekaran ... Petitioner Vs 1.Union of India, Rep. By its Secretary, Ministry of Health and family Welfare, Nirman Bhavan, New Delhi – 110 011. 2.The Director General of Health Services, O/o. Director General of Health services (Division), Nirman Bhavan, New Delhi. 3.The Director, Cental Leprosy Teaching and Research Institution, Cehngalpattu – 603 001. 4.The Registrar, central Administrative Tribunal, Chennai. ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified mandamus calling for the records pertaining to order of the 4th respondent in O.A.No.427 of 2007 dated 22.10.2008 and orders bearing No.A12034/2/2004-Lep dated 06.02.2006 of the 1st respondent and the order of the third respondent bearing NO.81/E1/81 dated 31.03.2006 and quash the same and consequently direct the respondents 1 to 3 to upgrade the petitioner pay scale of Sanitary Inspector from Rs.4000-6000 to 5500 – 9000 on par with the Sanitary Inspector of the Port and Airport Health Organization. For petitioner : Mr.R.Ramesh For respondents : Mr.M.Devendran, SPCCG – for R-1 to R-3 ORDER M. DURAISWAMY,J The writ petition is filed for the issuance of a writ of Certiorarified mandamus to call for the records pertaining to order of the fourth respondent in O.A.No.427 of 2007 and orders bearing https://hcservices.ecourts.gov.in/hcservices/ No.A12034/2/2004-Lep dated 06.02.2006 of the first respondent and the order of the third respondent bearing NO.81/E1/81 dated 31.03.2006 and to quash the same and consequently direct the respondents 1 to 3 to upgrade the petitioner's pay scale of Sanitary Inspector from Rs.4000-6000 to Rs.5500–9000 on par with the Sanitary Inspector of the Port and Airport Health Organization. 2. The petitioner in the writ petition is the applicant in O.A.No.427 of 2007 on the file of the Central Administrative Tribunal, Madras Bench and the respondents are the respondents in the said application. 3. The brief facts which lead to the filing of the writ petition are as follows:- (i) The petitioner was initially appointed as Sanitary Inspector in Central Leprosy Institution (hereinafter referred to as "CLTRI"), Chengalpattu as direct recruit in the year 1981. His initial scale of pay was Rs.330-560, which was subsequently revised as Rs.1200-2040 with effect from 1.1.1986 under IVth pay Commission revision. Under the Vth Pay Commission revision, the pay scale of the Sanitary Inspector, CLTRI has been revised to Rs.4000-6000 with effect from 1.1.1996. (ii) According to the petitioner, in the Port and Airport Health Organization, the post of Sanitary Inspector under the Ministry of Health and Family Welfare has been given replacement scale of Rs.5500-9000 instead of Rs.4000-6000. (iii) According to the petitioner, by notification dated 29.11.2003 certain modifications have been made in the educational qualification for the post of Sanitary Inspectors in the Port and Airport Health Organizations. However, the said notification does not contain any change in the nature of duties and responsibilities of the Sanitary Inspectors in the Port and Airport Health Organization. (iv) According to the petitioner, he is working under the control of third respondent, which is under the control of Ministry of Health and Family Welfare, Government of India. Even the other organizations like, Port and Airport Health Organization comes under the same Ministry where Sanitary Inspectors are working. (v) According to the petitioner, he possess the minimum educational qualification i.e., passed Matriculation examination with certificate of diploma in Sanitary Inspector course more than one year duration from a recognized institution. Since he is performing similar duties as his counter parts in Port and Airport Health Organization, he should be granted the pay scale of Rs.5500- 9000 which is being given to his counter parts in Port and Airport Health Organizations. (vi) According to the petitioner, he submitted various representations to the respondents. But, his representations have been rejected on the ground that he does not possess higher qualification which has been prescribed in the amended notification dated 29.11.2003. https://hcservices.ecourts.gov.in/hcservices/ 4. According to the respondents, the pre-amended rules of Sanitary Inspectors of Port and Airport Health Organization provided only a pass in Matriculation or its equivalent like the recruitment rules of the CLTRI which also provides for similar qualification. Admittedly, the petitioner does not possess necessary qualification of Degree in Science. Since there are marked dissimilarities in mode of recruitment and educational qualifications between the post of Sanitary Inspectors in CLTRI, Chengalpattu and APHOs/PHOs, there has to be distinction in the pay scale also. The existing post of APHOs/PHOs were given the pay scale of Rs.5500-9000. The suitability of the candidate was fixed on the basis of assessment made by DPC and CLTRI and the Sanitary Inspectors were awarded financial upgradation under ACP scheme based on the recommendation of the DPC. 5. The Central Administrative Tribunal after taking into consideration all the documents, including the reply statement and the additional reply statement submitted by the respondents, dismissed the Original Application. 6. Aggrieved over the order of the Central Administrative Tribunal, the applicant has filed the above writ petition. 7. Heard Mr. Mr.R.Ramesh, learned counsel for the petitioner and Mr. M.Devendran, learned counsel for the respondents 1 to 3. 8. On a careful consideration of the materials available on record and the submissions made by both the counsels, it could be seen that the main contention of the petitioner is that he is entitled to the pay scale of Rs.5500-9000. The contention of the petitioner is related to the educational qualification which will determine the pay scale. As per the recommendation of the Vth Pay Commission, the petitioner's scale was revised to Rs.4000-6000 with effect from 01.01.1996. Thereafter, he was awarded first financial upgradation under ACP scheme with effect from 09.08.1999 in the pay scale of Rs.4500-7000 and second financial upgradation with effect from 01.07.2005 in the pay scale of Rs.5000-8000. 9. It is also admitted fact that the pay of the petitioner and that of other employees in CLTRI were fixed as per Vth Pay Commission report. Similarly, the pay of Sanitary Inspector in Port and Airport Health Organization is also fixed based on the recommendation of Vth Pay Commission. The Pay Commission is an expert Body and it gives its recommendation after analyzing various relevant factors. Such recommendations are acted upon by the Government of India after due deliberation. It is settled principle of law that the Tribunals and Courts should not interfere with the area of legislation and policy decision. Therefore, it is for the Government of India to take a policy decision on the issue raised by the petitioner. 10. It is also seen from the records that the matters connected with upgradation of pay scale etc., have been referred to VIth Pay Commission, the recommendation of which have already been https://hcservices.ecourts.gov.in/hcservices/ notified, it is for the Government India to take policy decision on the issue raised by the petitioner. 11. The fixation of pay is not the function of Courts and it is the function of the Government Of India, which normally acts on the recommendation of the Pay Commission. The Pay Commission which goes deep into the problem have a full picture before it, and it is the proper authority to decide upon this issue. It is also pertinent to note that the petitioner was granted two financial upgradation under the ACP Scheme. Further in APHO/PHO, the post of Sanitary Inspector is filled up by promotion and direct recruitment and there are feeder posts, whereas in CLTRI, the lone post of Sanitary Inspector is filed by transfer on deputation and there is no feeder post. 12. The Central Administrative Tribunal have rightly come to the conclusion that the issue has to be resolved as per the recommendation of the VIth Pay Commission and the decision taken by the Government. 13. In these circumstances, we do not find any irregularity to interfere with the order of the Central Administrative Tribunal. Accordingly, the writ petition is dismissed. However, there shall be no order as to costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar rj To 1.The Secretary, Union of India, Ministry of Health and family Welfare, Nirman Bhavan, New Delhi – 110 011. 2.The Director General of Health Services, O/o. Director General of Health services (Division), Nirman Bhavan, New Delhi. 3.The Director, Cental Leprosy Teaching and Research Institution, Cehngalpattu – 603 001. 4.The Registrar, Central Administrative Tribunal, Chennai + One cc to Mr.M.Devendran SPCCG SR 70494 Order in W.P.No.7995 of 2009 RK (CO) RH (4.1.10) https://hcservices.ecourts.gov.in/hcservices/