NARENDRA Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) THE petitioners in these proceedings under Article 226 of the Constitution of India, challenge the order of the Central Administrative Tribunal (hereafter "CAT") dated 23.11.2011, in O.A. No. 1179/2011, by which the CAT held that the petitioners were not entitled to the grant of pay -scale of Rs.5000 - 8000, or to be designated Public Health Inspectors (PHIs) in the respondent (hereafter "MCD").

(2.) THE brief facts are that in the 1970s, MCD had employed vaccinators in the pay -scale of Rs.260 - 430, for the purposes of vaccinations for smallpox. In 1977, smallpox was eradicated. Under the expanded immunization program, introduced in 1978, every vaccinator was re -designated as an "Immunizer", and was required to perform the tasks of vaccinations/inoculations for smallpox, cholera, typhoid, diptheria, tetanus, and pertusis, as well as of birth and death registration. Meanwhile, the MCD had also appointed "inoculators" in the pay -scale of Rs.330 - 560. The duties of the inoculators were the same as those of the vaccinators/ImmuniseRs.The latter, however - as stated above - were in the pay -scale of Rs.260 -430.

(3.) THIS disparity in pay scales led, on 31.12.1979, the Delhi Municipal Karamachari Ekta Union to - unsuccessfully - demand from MCD that the Immunizers should also be given the pay -scale of Rs.330 - 560 as well. This dispute was referred to the Industrial Tribunal. The Tribunal held that the immunizers and the inoculators were performing the same work, and consequently, directed by its award, dated 23.9.1988 (hereafter "the first award") that the vaccinators/immunisers also be placed in the pay -scale of Rs.330 -560, with effect from 23.5.1981, which was the date the reference was made to the Industrial Tribunal. The MCD challenged the award before this Court, but did not succeed. The MCD, accordingly, issued a circular dated 25.3.1992, according to which the pay -scale Rs.330 - 560 was approved for all Vaccinators who were, at the time, working in the Rs.260 - 430 pay -scale.