SHYAM PARKASH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners had filed this writ petition to issue a writ of mandamus to grant the pay scale of Rs.1400-2600 on the principle of equal pay for equal work. The ground is that Dental Mechanics working in the Medical College, Rohtak were getting the said pay scale in contradistinction to the salary being paid to the petitioners in the scale of Rs.950-1400.

(2.) The petitioners are working as Dental mechanics in the Health Department, Haryana. The minimum qualification for the post is Matriculation with Diploma in Dental Mechanic Course from a recognised Institution. Reference is made to Annexures P-1 and P-2 to highlight the qualifications prescribed for direct recruits and the promotees.

(3.) The post of Dental Mechanic is also in existence at Medical College and Hospital at Rohtak. The minimum qualification for the appointment is also Matriculation with diploma course from a recognised institution. However, the Dental Mechanics working in the Dental College, Rohtak are granted the pay in the scale of Rs.14002600. Copy of advertisement dated 7.12.1989 is annexed with the petition as Annexure P-2 to highlight the qualifications for the appointment. Having so averred, it is stated in para 4 of the writ petition that the Dental mechanics working in the Government General Hospitals as well as in the Medical College, Rohtak are carrying the same or similar qualifications and are performing the similar or same nature of the duties, but are being paid differently. It is also averred that working hours, nature of duties, service conditions including the post-retirement benefits are also similar. Accordingly, prayer is made that the pay scale of the petitioners be also revised to the scale of Rs.1400-2600. Basically, the prayer is for grant of equal pay on the basis of equal work. For entitlement of equal pay, the petitioners are required to establish, as a matter of fact, that they are performing duties which are similar to the one being performed by those working in the Medical Hospital at Rohtak. Except for baldly asserting so in para 4 of the writ petition, no material has been placed on record to either mention the exact duties being performed by the petitioners and those being performed by the Dental Mechanics working in Government Hospital, Rohtak.