IMPORTANT POINT
The court emphasized the importance of maintaining equivalency and analogousness in pay scales for similar positions as per the decision of the Executive Council.

JUDGMENT

1. This writ petition has been filed by the petitioner to direct the respondents to consider prescribing similar pay scale of Rs.9300- 34800+GP 4200 to the post of Health Educator so as to maintain the equivalency and analogousness amongst the post of Health Educator and Health Inspector, Department of Community Medicine, RIMS by reconsidering the present pay scale of Rs.5200 pay band plus GP 2800.

2. Heard learned counsel for the petitioner and learned counsel for the respondents.

3. The case of the petitioner is that he joined the service as Health Educator in the Department of Community Medicine and in the initial appointment order, the pay scale for the post of Health Educator was prescribed as 1400-2300/-. Subsequently, in pursuance of the decision taken in the 18th Executive Council, Society of RIMS, Imphal held on 28.6.2000, the Chairman of the Executive Council declared that the post of Health Inspector and Health Educator, RIMS should be one and the identical time scale of pay of Rs.4500-7000 for future appointment vide order dated 21.7.2000. Consequently, the petitioner was granted pay scale of Rs.4500-7000 in the 5th Revision of Pay along with the post of Health Inspector in compliance of the aforesaid decision of the Executive Council. However, in the 6th Revision of Pay, the post of Health Educator was prescribed with the pay scale of Rs.5200 pay band plus GP 2800/-.

4. Further case of the petitioner is that he came to know the advertisement dated 30.5.2015 issued by the RIMS inviting application for appointment to various posts in RIMS including the post of Health Inspector by prescribing the pay scale of Rs.9300-34800+GP 4200/-, which is higher than the pay scale enjoyed by the Health Educator at that point of time. Against the advertised post of Health Inspector, one LaishramJenibala Devi was appointed on 30.12.2015 on the recommendation of the Selection Committee in the scale of pay of Rs.9300-34800+GP 4200. Thus, while the post of Health Educator was enjoying scale of pay of Rs.5200 pay band plus GP 2800/-, the Health Inspector was given higher scale of pay of Rs.9300- 34800+ 4200 GP.

5. According to the petitioner, he was granted first financial upgradation under the MACP Scheme to the scale of Rs.9300 plus GP 4200 after serving more than 20 years in the post and was subsequently on 27.5.2017, he was granted 2nd MACP to the scale of Rs.9300 + GP 4600/-.

Being aggrieved by the inequality in the pay prescribed for the post of Health Educator and Health Inspector subsequent to the appointment of Jenibala Devi in the pay scale of Rs.9300 pay band plus GP 4200/-, the petitioner approached the RIMS authority for rectifying the inequality in the pay scale of Health Educator and Health Inspector by way of representation on 23.9.2016 in view of the decision of the Executive Council. Since the respondent authorities failed to take action on the representation of the petitioner, he again made a fresh representation on 4.6.2020 for implementation of the equal pay. However, till date the representation of the petitioner has not been considered and also rectified the inequality of pay in the post of Heath Educator and Health Inspector. Hence, the present writ petition.

6. Respondents 1 to 3 filed affidavit-in-opposition stating that based on the recruitment rules of Health Inspector that existed before 2015, RIMS issued an advertisement dated 30.5.2015 for appointment to various posts including that of one unreserved post of Health Inspector in the scale of pay of Rs.9300-34800+GP 4200/- on direct recruitment. Subsequently, Jenibala Devi was appointed as Health Inspector in the scale of pay of Rs.9300-34800+GP 4200/-. It is submitted that though a decision was taken to declare that the post of Health Inspector and Health Education should be in one identical time scale of pay for future appointment, the recruitment rules of the said posts were not amended. It is stated that thereafter, RIMS was transferred to the Ministr