A DHINAKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGING the Order dated 21. 01. 2003 passed by the fifth Respondent/ Tribunal in O. A. No. 7968 of 1995, the present writ petition has been filed.

(2.) BRIEF facts of the case are as follows:-The petitioner was appointed as Prosthetic technician, Grade II in the Medical Education Department, Government General Hospital, Madras in the year 1977. On 01. 10. 1986, he joined the District Rehabilitation Centre at Chengalpet, Tamil Nadu as Orthotic-cum-Prosthetic Engineer and served in the said capacity till he filed the writ petition. In the State of Tamil Nadu, there is only one post of Orthotic-cum-Prosthetic Engineer. There is only one diploma course in Engineering of the said discipline of Orthotic-cum-Prosthetic Engineer in Tamil Nadu, which is conducted by the Department of Technical Education in Tamil Nadu and there is no Engineering Degree in Orthotic-cum-Prosthetic Engineer in any of the Universities in India. There are 12 District Rehabilitation Centres in India, including the one at Chengalpet, Tamil Nadu, which are 100% funded by the Ministry of Social Welfare, Government of India, though the scheme is run as a State Government scheme. It is stated that the petitioner's basic pay scale was Rs. 905-1545 and as per V Tamil Nadu Pay Commission, his revised pay scale was Rs. 1400-2600 with effect from 01. 06. 1988. G. O. Ms. No. 666, Finance dated 27. 06. 1989 was issued by the Government of Tamil Nadu recommending Central Government scales of pay for almost all the categories of employees of the State Government, wherever category equalisation is possible. The qualification prescribed for the post of Orthotic-cum-Prosthetic Engineer in District Rehabilitation Centre at Chengalpet, Tamil Nadu in G. O. Ms. No. 1293, Social Welfare Department dated 15. 05. 1986 was diploma from National Institute of Rehabilitation, Training and Research (NIRTAR) Cuttack, All India Institution of Physical Medicine, Bombay or any other equivalent qualification from recognised institute with 2 to 5 years experience. It is stated that the Government of India allowed the scale of Rs. 2000-3500 for the post of Orthotic-cum-Prosthetic Engineer (Senior) and Rs. 1400-2600 for Orthotic-cum-Prosthetic Engineer (Junior) with qualification of degree or diploma or any other equivalent qualification from a recognised institute and the gradation scale (Senior/junior) is with reference to the requirement of experience at the time of first appointment to the post of Juniors - 2 years and Seniors - 5 years. It is further stated that the scale of pay allowed to the holders of the post with similar qualification in other District Rehabilitation Centres of other States is Rs. 2200-50-2300-75-2900-90-3500-100-3950-120-4070 at Mysore in Karnataka. The scale of pay allowed in National Institute under the Government of India is also Rs. 2000-4000. Thus, no distinction is made between diploma or degree holder. The Government of India permitted the state Governments to allow corresponding pay scale of the State Government for any post in the District Rehabilitation Centre and the entire expenditure on such salaries is fully reimbursed by the Government of India, hence, there is no financial commitment on the part of the State Government, if the pay scale of the petitioner is revised to Rs. 2000-3500 irrespective of the fact whether the employee is possessing degree or diploma. The petitioner has sent a representation dated 30. 09. 1991 to the first respondent and also subsequent representation dated 01. 09. 1993 to which a reply dated 03. 10. 1994 was sent by the first respondent, wherein it is stated thus:-

(3.) CHALLENGING the said order dated 03. 10. 1994, the petitioner has filed O. A. No. 7968 of 1995 before the Tribunal, which was dismissed on 21. 01. 2003, hence, the present writ petition has been filed.