The central legal point established in the judgment is the entitlement of Radiotherapy Technicians to the upgraded pay scale of Rs.5,000-8,000 on the same lines as Radiographers, based on the historical re-designation, the recommendations of the Fifth Central Pay Commission, and the assurances given by the Respondents.

JUDGMENT :

Talwant Singh, J.

1. The Petitioners have invoked the writ jurisdiction of this Court and have challenged the order dated 18th January, 2010 passed in Original Application (OA) no. 682/2019 and subsequent order dated 28th April, 2010 passed in Review Application (RA) no. 108/2010 passed by learned Central Administrative Tribunal (CAT) in the OA filed by the present Petitioners. The Petitioner no. 1 to 12 were stated to be working as Radiotherapy Technicians/Senior Radiotherapy technicians whereas petitioner no. 13 was working as Mouldroom Technician, the Petitioner no.14 was working as Radium Curator with Respondent no.3 Safdarjung Hospital. The post of Mouldroom Technician and Radium Curator are the promotional course from the cadre of Radiotherapy Technicians. Respondent no.1 is Union of India, represented by Secretary, Ministry of Health and Family Welfare; Respondent no.2 is the Director General of Health Services and Respondent no.3 is the Medical Superintendent, Safdarjung Hospital, New Delhi. The OA was filed praying for grant of pay scale of Rs.5,000-8,000 from 1996 along with consequential benefits as being granted to their counter parts Radiographers in Safdarjung Hospital, New Delhi.

2. The brief facts leading to the filing of the present petition are that till 3rd December, 1986, the Radiographers as well as Radiotherapy Technicians were having the common designation of ‘Radiographers’ and they were part of paramedical staff of Safdarjung Hospital. However, on 3rd December, 1986, the Radiographers working in the radiotherapy department were re-designated as Radiotherapy Technicians in the same pay scale in the category of paramedical staff vide office order of the even date. They were considered together by the pay commissions and were granted similar pay scales. The recruitment rules for the post of Radiotherapy Technicians provide for the pay scale of Rs.330-650 (revised to Rs.1350-2200). The Fifth Central Pay Commission discussed the pay scales to be provided to Radiographers/X-ray staff etc. including the Radiotherapy Technicians vide para nos. 52.104 to 52.107 in its recommendations and the pay scales of Radiographers including Radiotherapy Technicians of Rs.1350-2200 was first to be upgraded to Rs.1600-2660 and then replacement scale to be granted was Rs.5,000-8,000. Hence, even in the recommendations of the Fifth Central Pay Commission, the Radiographers and Radiotherapy Technicians were considered equal. As per the said recommendations, pay scale of Rs.5,000-8,000 was provided to Radiographers as well as Radiotherapy Technicians. The said pay scale was implemented in the case of Radiographers in Safdarjung Hospital but before implementing it in case of Radiotherapy Technicians, the same was ordered to be kept in abeyance.

3. Subsequently, the pay scale of Radiographers as well as Radiotherapy Technicians was purported to be reduced to Rs.4,500-7,000. The Radiographers challenged this move of the Respondents by filing OA no. 2748/2002 before CAT. On 13th April, 2004, CAT directed the Government to re-examine the entire matter and take a final decision within a period of six months and till then status-quo regarding pay scales was to be maintained. On 12th August, 2005, a joined meeting of Radiographers and Radiotherapy Technicians was held with the Medical Superintendent of Safdarjung Hospital where the matter of pay scales of Radiotherapy Technicians was also deliberated and it was decided that the scale of pay of Radiotherapy Technicians may also be considered at par with Radiographers on the same terms and conditions as and when the pending court cases are decided. On 5th September, 2005, the Respondents, in response to the representation of the Petitioners, re-assure that their pay scale will be taken at par with Radiographers and similarly the case related to senior Radiotherapy Technicians w