SHRIKANT A BICHOLKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioners were appointed as Health Assistants in the Directorate of Health Services and are working in the Filaria Control Unit Programme. Initially there were three categories of employees, namely, Laboratory Technician in the pay scale of Rs. 1200-2040, Laboratory Assistant in the pay scale of Rs. 975-1540 and Health Assistant in the pay scale of Rs. 950-1500. The Government of Goa found that the duties and responsibilities of Laboratory Techinician/laboratory Assistant were same and since their eligibility requirement for educational qualifications also did not differ for the said posts, there was no case for disparity in their pay scales. Therefore, vide Order bearing No. 13/207/87-I/p. H. D. dated 19th January, 1988, the pay scale of Laboratory Assistants was brought at par with that of Laboratory Technician and it was revised to Rs. 1200-2040. The petitioners in this petition claim that the eligibility requirement insofar as educational qualification is concerned is same for all the three posts as per the recruitment rules applicable at the time of their appointments and the petitioners also discharge identical duties as are being performed by Laboratory Technicians/laboratory Assistant in the Filaria Control Unit Programme. In support of their contention, the petitioners have placed reliance upon letter dated 25th February 1981 issued by Chief Medicial Officer, Anti-Filaria which is at page 17 as well as Exhibit A Colly at page 19 annexed to the said letter. In the said annexure it is stated that the duties of Health Assistant are akin to those of Laboratory Assistant/ Laboratory Technician under National Filaria Control Programme. The duties of the Health Assistant are also enumerated in the said Exhibit A namely:-

(2.) AN affidavit has been filed on behalf of Directors of Health Services, respondent No. 2, wherein it is pointed out that not only there is basic difference in the qualifications but also the duties of Laboratory Technician/laboratory Assistant are not same. The duties of the Laboratory Technician/laboratory Assistant are enumerated in paragraph 6 of the affidavit as under:-

(3.) FROM the duties enumerated above of the Laboratory Technician/laboratory Assistant, it can be seen that only first four duties are similar to the Health Assistant but the duties at serial numbers 5 to 8 are not part of duties of the Health Assistant nor the petitioners have been able to make out that their duties also include the said duties at serial numbers 5 to 8 enumerated in paragraph 6 of the affidavit-in-reply. Though the petitioners claim in affidavit-in-rejoinder in paragraph 3 that they are also qualified to carry out such duties, the fact to qualify to carry out such duties is altogether a different consideration and what is to be seen is whether the duties of Laboratory Techinicians/laboratory Assistant are same as the duties of the Health Assistant.