KARTIK LAL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows:--

(2.) Mr. Ajoy Kumar Chakraborty, learned counsel appearing on behalf of the petitioner, has submitted that even when the services of the petitioner was regularized by the Indira Gandhi Institute of Medical Sciences by an order dated 25.3.2009 pursuant to certain directions by this Court in C.W.J.C. No. 5913/2003 read with M.J.C. No. 510/2006, the petitioner though assigned the post of Lab. Attendant, Grade-Ill (Group-D), was given the pay scale of Rs. 2650-4000, whereas the pay scale of the Laboratory Assistant Grade-II in All India Institute of Medical Sciences was 3050-4590. On this basis Mr. Chakraborty is of the view that as a matter of fact when the Lab. Attendant,. Grade-II has also been abolished in All India Institute of Medical Sciences in the year 2006 itself there was no justification either for the petitioner being assigned the post of Laboratory Attendant, Grade-Ill (Group-D) or giving him the reduced pay scale of Rs. 2650-4000. Proceeding further Mr. Chakraborty is of the view that since the respondents have also accepted the pay scale of All India Institute of Medical Sciences of Laboratory Attendant to be 3050-4590 and have further extended the pay scale of AIIMS for the other post, the petitioner being still continued with the post of Laboratory Attendant, Grade-Ill (Group-D) and the pay scale of Rs. 2650-4000 is discriminatory.

(3.) Counsel for the IGIMS, on the other hand, has submitted that the petitioner is bound by the terms and conditions laid down in the office order dated 25.3.2009 and cannot make out a case of equal pay for equal work by borrowing the concept of All India Institute of Medial Sciences, especially when the document which has been relied by the petitioner also refers to a different post, namely, Grade-II and not Grade-Ill of the post of Laboratory Attendant. In this regard he has also sought to explain that the qualification of the petitioner being only Matriculation with Science the pay scale which was given to the Laboratory Attendant of AIIMS having Graduate cannot be ipso facto made applicable.