OMPATI RANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has claimed fixation of her pay in the pay scale prescribed for the post of Lady Health visitor. She has prayed for issue of a writ of mandamus to fix her pay in the said pay scale with effect from the date of her joining that post, i.e. 23.4.1984.

(2.) In short, the case set up by the petitioner is that she had joined service as Auxiliary Nurse Midwife on 6.2.1970. After having undergone six months' promotional training for the post of Multipurpose Health Supervisor (Female) the petitioner was adjusted and posted as Lady Health Visitor at the Primary Health Centre, Ordhan, district Sirsa vide order annexure P-1 dated 20.12.1983. She continued to perform the duties as Lady Health Visitor till the issue of order annexure P-4 dated 8.4.1991, whereby she was promoted as Multipurpose Health Supervisor (Female) in the pay scale of Rs. 1,400-2,600. Petitioner has submitted that she had joined her duty as Lady Health Visitor with effect from 23.4.1984 and continuously discharged the duties of that post till the issue of the order of her promotion. She has pleaded that after having called upon her to discharge the duties of the post of Lady Health Visitor, the respondents were under an obligation to pay her the salary in the pay scale prescribed for that post and by not paying salary to the petitioner in that pay scale her right to equal pay for equal work has been infringed. Petitioner has placed reliance on an order dated 30.9.1991 passed by a Division Bench of this Court in CWP No. 12344 of 1991 (Usha Sharma v. State of Haryana and another).

(3.) Writ petition has been opposed by the respondents. They have pleaded that the petitioner has been regularly promoted as Multipurpose Health Supervisor (Female) vide order dated 8.4.1991 and she would get salary in the pay scale prescribed for that post with effect from the date of her promotion. Respondents have further pleaded that the petitioner was sent for six months' training and was posted as Multipurpose Health Supervisor (Female) without regard to seniority of others and she had volunteered to accept the higher post without emoluments. Respondent's case is that merely because the petitioner has discharged the duties of higher post, she is not entitled to be paid salary in the pay scale of the post of Multipurpose Health Supervisor (Female).