JAYASHREEBEN N VAIDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned counsel for the parties. The petitioner, an auxiliary Nurse Midwife serving at the E.S.I. Hospital, Baroda, has filed this petition praying for direction to the respondents to give her the benefit of pay-scale of staff nurse, i.e., scale of Rs. 380-560 with effect from 1-1-1973 with all consequential benefits. In support of her claim the petitioner placed reliance on the decisions of this Court produced at annexures-A and B to the petition.

(2.) From the reply to the special civil application, the undisputed facts which have come on record are that the petitioner was initially appointed as midwife and not as auxiliary nurse midwife. The post of auxiliary nurse midwife and midwife carry identical pay-scales though lower than the pay-scale of post of nurse midwife or staff nurse. The pay-scale of the latter post was prescribed at Rs. 200-340 with effect from 1-6-1967, whereas the pay-scale of the post of auxiliary nurse/auxiliary nurse midwife and midwife were prescribed at Rs. 160-265. These pay-scales were revised with effect from 1-1-1973. For the post of nurse midwife or staff nurse it was prescribed at Rs. 380-560 whereas for auxiliary nurse and auxiliary nurse midwife and midwife it was prescribed at Rs. 260-400. So the claim of the petitioner for the pay-scale of staff nurse is wholly untenable.

(3.) Even if it is taken to be a case that the petitioner was auxiliary nurse/auxiliary nurse midwife, then her claim for parity of pay-scale with staff nurse does not stand to any logic of justification. The two cases on which reliance has been placed by the petitioner appear to be cases of Ayurvedic Department, and those cases have been decided on their own facts. In the matter of claim for parity in the pay-scale the petitioner has to make out a case that the source of recruitment, educational qualification as well as duties and functions to be discharged by the holders of those posts are in all respects identical. Merely on the basis of some statement made that they are discharging identical duties, the same cannot be accepted, more so when the Pay Commission has clearly drawn distinction in these two posts and on the basis of that distinction different pay-scales have been prescribed accordingly.