STATE OF TRIPURA Vs. JOGIRAJ DUTTA

JUDGEMENT

(1.) This Writ Appeal is directed against the Judgment and Order dated 1.8.2000 of the learned Single Judge in WP (C) No 205 / 99.

(2.) The facts briefly are that the respondents are member of the Tripura Veterinary Service Grade V. After completing Higher Secondary (+2) state, they undertook studies of Bachelor of Veterinary Science (for short "BVSc"). Thereafter they were appointed in the Tripura Veterinary Service Grade V and have been working as Veterinary Assistant Surgeon under the Animal Resource Development Department. By notification dated 7.12.92, the pay scale of Tripura Veterinary Service Grade V (for short "TVS Grade V") has been fixed at Rs. 2100.00 - Rs. 4530.00 per month This was less than the pay scale of Medical Officers Grade V which was Rs. 2100.00 - Rs. 3000.00 (SL) - Rs. 5000.00 per month. The members of the TVS Grade V demanded pay parity corresponding to pay scale of the members of the Tripura Health Services (for short " THS Grade V"). The 4th Tripura Pay Commission considered the said claim and recommended that identical scale of pay be allowed to the TVS Grade V and THS Grade V. Thereafter, the Tripura State Civil Service (Revision of Pay) Rules, 1999, was notified by the notification dated 6.2.99 revising the pay scale of State Government employees including that of TVS Grade V and the THS Grade V. Under the said Tripura State Civil Service (Revision of Pay) Rules, 1999, the pay scales of THS Grade V was fixed at Rs. 7800.00 - Rs. 15100.00 per month with advance benefit after 4 years of Rs. 10,000.00 - Rs. 15,000.00. the pay scales of TVS Grade V was fixed at Rs. 7400.00 - Rs. 13,000.00 with advance benefit after 8 years at Rs. 10,000.00 - Rs. 15,100.00 per month. The respondents challenged the aforesaid fixation of pay scales of members of TVS Grade V at lower than that of the THS Grade V as discriminatory in the Writ Petition (Civil) No 205/99 before the learned single Judge. In the said writ petition, the respondents also challenged the decision of the State Government in allowing the members of the THS Grade V non-practicing allowance but at the same time not allowing the said non- practicing allowance to the members of the TVS Grade V. The appellants filed their affidavit in opposition in the said writ petition opposing the prayer in the writ petition. After hearing the learned counsel for the parties, the learned single Judge by the impugned judgment and order dated 1.8.2000 allowed the writ petition setting aside the notification dated 6.2.99 of the Government of Tripura relating to TVS Grade V and directed the appellants to give effect to the revised pay scale in terms of the recommendation of the 4th Tripura Pay Commission including recommendation on anomalies in respect of the Animal Resources Department. By the said Judgment and Order, the learned single Judge also directed the appellants to consider the issue of admissibility of non-practicing allowance to the members of the TVS Grade V and pass a reasoned order. Aggrieved by the said Judgment and order dated 1.8.2000 of the learned single Judge, the appellants have filed this appeal before the Division Bench of this Court.

(3.) Mr B Bhattacharjee, learned Advocate General, Tripura, submitted that the learned single Judge ought not to have directed the appellants to give effect to the revised pay scales in terms of the recommendation of 4th Tripura Pay Commission in the impugned Judgment. He submitted that although the qualifications of persons appointed to TVS Grade V are virtually at par with the qualifications with the persons appointed to THS Grade V, responsibilities of a Medical Doctor belonging to THS Grade V is much more than the responsibilities of a Veterinary surgeon belonging to TVS Grade V and, therefore, the work carried on by the members of the THS Grade V and the work of TVS Grade V are not equal. Mr Bhattacharjee contended that the 4th Tripura Pay Commission did not arrive at independent findings that the responsibilities and duties of the members of the THS Grade V and those of the members of TVS Grade V are equal and the 4th Tripura Pay Commission recommended the same pay scales for the two services by only mentioning that the 5th Central Pay Commission had also recommended the same treatment of Veterinary Service and Health Service. Mr Bhattacharjee further submitted that as a matter of fact, the recommendations of 4th Tripura Pay Commission were not accepted by the Government and the pay scales of different employees belonging to THS Grade V and TVS Grade V were revised and fixed on the basis of the recommendation of an Administrative Committee and while the pay scale of the members of TVS Grade V was fixed at Rs. 7,450.00 - Rs. 13,000.00 per month the pay scale of THS Grade V was fixed at Rs. 7800.00 - Rs. 15,100.00 on the basis of the recommendation of the Administrative Committee. The learned Advocate General relied on the decision of the Supreme Court in the case of Federation of All India Customs and Central Excise Stenographers (Recognized) and others vs Union and India and others, AIR 1988 SC 1291, in which Stenographer (Grade I) who were attached with officers in the scale of Rs. 2500 - 2750 (Level 1) sought parity with the pay scale of Stenographers attached to the Joint Secretaries and officers above that rank in a writ petition under Article 32 of the Constitution and the Supreme Court, inter alia, held that equal pay for equal work is a fundamental right but equal pay must depend upon the nature of the work done, it cannot be judged by the mere volume of work, there may be qualitative difference as regards reliability and responsibility. After making the aforesaid observations, the Supreme Court held that although there was similarity of functional work of Stenographers (Grade I) attached with the level 1 officers and the Stenographers attached to the Joint Secretaries and above that rank, there was dissimilarity of responsibilities, confidentiality and relationship with public etc. and accordingly, dismissed the writ petition.