The State cannot impose arbitrary cut-off dates for pay scale revisions, violating the principles of equality under Articles 14 and 16 of the Constitution.

JUDGMENT

Aman Chaudhary, J.

The petitioners are before this Court for the removal of anomalies in their pay scale from the date it arose, i.e. 01.01.2006, instead of 01.01.2016.

2. Learned Senior counsel contended that the petitioners, appointed as Lab Technicians in the Health Department, Haryana, were granted the same pay scale as that of Radiographers, which continued to be the case until 2009, when that of the latter was made higher. The Pay Anomalies Commission (hereafter referred to as 'Commission') constituted to address the concerns regarding it, on 24.07.2015 recommended the same pay band to both categories. The Government upgraded the pay scale, though, w.e.f. 01.01.2016, without there being any justification for the anomaly not being removed from the date it began.

3. Opposing the above, learned State counsel submitted that it is the inherent power of the State Government to determine the scale of a post, which is done based on various criteria. Though incidentally the pay scales were identical prior to 01.01.2006, but the same were revised by the 6th Pay Commission thereon. However, after receiving the proposal of the Department and representation of the petitioners, a decision was taken to upgrade the pay scale of Lab Technicians equal to that of Radiographers. It is not a matter of anomaly, in which case benefit could have been granted retrospectively, but revision of pay scale and thus, the present petition is liable to be dismissed.

4. Heard learned counsel on both sides.

5. It would be apposite to refer to the recommendations of the Commission, relevant paras whereof read thus:

"The category of Radiographers got the benefit of pay revision twice, once when during pay revision they were given a G.P. of Rs. 3200/- as against the normal revision to Rs. 2800/- and subsequently to Rs. 3600/- as was done in all categories. The categories of LT(G) got left out of both these revisions. It has been argued that the justification of exposure to risk given as the reason for improvement in grade given in the case of Radiographer applies in equal measure to the category of LT(G). Whose quantum of work in a day is much more compared to that of Radiographer. The LT (G) apart from analyzing so many blood samples in a day also prepares the reports based on which the diagnosis of the problem of the patient is made and also the treatment to be given. Thus in terms of duties performed and exposure to risk there is a sound argument for treating LT (G) at par with the Radiographer. The Commission, therefore, accepting the argument of parity recommends the same pay band with grade pay of Rs. 3600/- to the category of LT (G)."

6. The grouse of the petitioners was that the rectification must relate back to the day when the anomaly occurred.

7. The Division Bench in Pawan Kumar v. State of Haryana, 2003 (5) SLR 334, had dealt with the issue as involved in the present case, relevant paras whereof read thus:

"16. After having given our thoughtful consideration to the above arguments, we find that the present petition deserves to succeed. The detailed facts have been noticed by us above. The various averments made in the petition with regard to the similarity of pay scales between the Statistical Officers of the Transport Department and the ESA department and the removal of the anomaly in the year 1970 have not been denied by the respondents in the written statement. Rather in reply to the aforesaid averments in para 4 of the written statement, it is stated that "para 4 of the petition is further admitted being a matter of record."

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19. In the case of Dr. Sukhdev Singh and Others v. State of Punjab and others, 1991(2) SCT 209 (P&H), a Single Bench of this Court had also held that once the pay scales of the Veterinary Assistant Surgeons were equated to the pay scales of PCMS Class II doctors and this had been done on the representation of the Veterinary Assistant Surgeons then when subsequently the pay scales of the PCMS Class II doctor