Pay scales and post classification are executive's exclusive domain; courts refrain from equating posts absent grave error proof. Equal pay demands identical duties/responsibilities, not just qualifications.

Jiya Lal Bhardwaj, J.

By way of present petition, the petitioner has prayed that the respondents may be directed to pay and release the revised pay scale amounting to Rs.4400-7000/- in her favour, at par with Male/Female Multipurpose Health Workers in the Department of Health and Family Welfare, Government of Himachal Pradesh, from the due date.

2. Shorn of unnecessary details, key facts for adjudication of the case are that the petitioner was offered appointment as Auxiliary Nurse Midwife by the respondents State in the pay scale of Rs.950-1800/- on 25.07.2000. It has been averred in the petition that the State Government has equated the Auxiliary Nurse Midwives (hereinafter referred as ANMs) working in the Department of Health with the Male/Female Multipurpose Health Workers working in the Department of Ayurveda for the purpose of qualification as well as appointment.

3. The respondents-State vide office memorandum dated 03.03.2000 (Annexure P-3) had revised the pay scale of the post of Male/Female Multipurpose Health Workers from Rs.950-1800/- to Rs.4400-7000/-, w.e.f. 01.09.1998 and the pay scale of the category of the petitioner was not revised and they were being paid the pay scale of Rs.3120- 5106/-.

4. The petitioner made a representation to the respondents dated 10.10.2009 (Annexure P-5), however, no decision was taken. It is the case of the petitioner that since she is similarly placed person and performing the identical duties and functions as being performed by Male/Female Multipurpose Health Workers in the Health Department of Government of Himachal Pradesh and further possessing the same and similar qualifications, the action on the part of the respondents-State in not granting the pay scale at par with the Male/Female Multipurpose Health Workers is illegal, arbitrary and contrary to the principle of service jurisprudence.

5. The respondents-State filed reply to the petition and averred that the pay scales to the employees of Himachal Pradesh State Government are being given on Punjab pattern, and, therefore, the pay scale of ANMs of Ayurveda Department has been given on the same analogy by the Government. It has further been averred that at the time of appointment of the petitioner, the pay scale was also mentioned and once the petitioner has accepted the same, now, after a lapse of so many years, the petitioner cannot claim the pay scale at par with the Health Department. Further in Health Department, there exists no post of ANMs. There is separate category of Female Health Workers, who are posted in rural areas sub-centers. The pay scale of ANMs cannot be equated with the Female Health Workers of Health Department, as there are separate R & P Rules in the Department.

6. The respondents-State in compliance with the order dated 29.08.2023 passed by this Court filed a supplementary affidavit mentioning therein that there is qualitative differences between the work being performed by ANMs engaged in the Ayurveda Department as compared to the Female Multipurpose Health Workers engaged in the Department of Health and Family Welfare. Despite availing opportunities being granted by this Court, to the petitioner, in terms of the orders dated, 07.11.2023, 14.12.2023 and 11.11.2025, no response has been filed to the supplementary affidavit.

7. I have heard the learned counsel for the parties and also gone through the record carefully.

8. It is not in dispute that there are different Rules for the purpose of appointment to the post of ANMs and Male/Female Multipurpo