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IN THE HIGH COURT OF MANIPUR AT IMPHAL
Kh. Nobin Singh, J.
Angom Rita Devi - Appellant
Versus
Union Of India & Ors. - Respondents
W.P. (C) No. 374 of 2019
Decided On : 31-08-2021
Pay Scale - Senior Physiotherapist - Central Civil Services (Revised Pay) Rules, 1997, Central Civil Services (Revised Pay) Rules, 2008, Central Civil Services (Revised Pay) Rules, 2016 - The petitioner was entitled to the pay scale of Rs.15,600-29,100+GP Rs.5,400/- fixed for the Senior Physiotherapist in the Central Civil Services (Revised Pay) Rules, 2008 adopted by the RIMS, Imphal. The petitioner would be entitled to the benefit of the said pay scale with effect from 01-01-2006. The impugned order dated 21-01-2019 issued by the Deputy Director (Admn.), RIMS, Imphal, was quashed and set aside with directions to notionally fix the pay scale of the petitioner as Rs.8000-275-13500/- for the period from 01-04-2007 to 23-11-2008 and as Rs.15,600-29,100+GP Rs.5,400/- for the period from 24-11-2008 till the date of retirement, calculate the arrears, and pay the same to the petitioner within three months from the date of receipt of the judgment and order.
Fact of the Case:
The petitioner, a Senior Physiotherapist at RIMS, Imphal, challenged the order dated 21-01-2019 issued by the Deputy Director (Admn.), RIMS, Imphal, which fixed her pay scale contrary to the pay scale provided in the Central Civil Services (Revised Pay) Rules, 2008. The petitioner claimed the pay scale of Rs.15,600-29,100+GP Rs.5,400/- from 01-01-2006, based on the rules adopted by RIMS, Imphal.
Finding of the Court:
The court found that the petitioner was entitled to the pay scale of Rs.15,600-29,100+GP Rs.5,400/- as fixed for the Senior Physiotherapist in the Central Civil Services (Revised Pay) Rules, 2008 adopted by RIMS, Imphal. The impugned order was quashed and set aside, and the RIMS, Imphal was directed to notionally fix the petitioner's pay scale for the relevant periods, calculate the arrears, and pay the same within three months.
Issues: The main issue was whether the petitioner was entitled to the pay scale of Rs.15,600-29,100+GP Rs.5,400/- fixed for the Senior Physiotherapist in the Central Civil Services (Revised Pay) Rules, 2008, and if so, whether she would be entitled to the benefit of the said pay scale with effect from 01-01-2006.
Ratio Decidendi: The court held that the petitioner was entitled to the claimed pay scale based on the rules adopted by RIMS, Imphal, and directed the RIMS to notionally fix the petitioner's pay scale for the relevant periods, calculate the arrears, and pay the same within three months.
Final Decision: The court allowed the writ petition, quashed the impugned order, and directed the RIMS, Imphal to notionally fix the petitioner's pay scale for the relevant periods, calculate the arrears, and pay the same within three months from the date of receipt of the judgment and order.
JUDGMENT
[1] Heard Th. Khagemba, learned counsel appearing for the petitioner; Shri M. Devananda, learned counsel appearing for the RIMS and Shri S. Suresh, learned ASG for the Union of India.
[2] The validity and correctness of the order dated 21-01-2019 issued by the Director, Regional Institute of Medical Sciences, Manipur (hereinafter referred to as “the RIMS”) is under challenge in this writ petition and in addition to that, a prayer has been made to direct the respondents to make payment of the entitled pay scale attached to the post of Senior Physiotherapist as provided in the Central Civil Services (Revised Pay) Rules, 2008 (6th CPC) i.e. Rs.8000-13,500/- (pre revised) or Rs. 15600-29100+G.P Rs.5400/- (Revised) with effect from 25-08-2006 with 18% interest per annum.
[3.1] Facts and circumstances as narrated in the writ are, short, that on the recommendation of a Selection Board, the Petitioner was appointed as Physiotherapist (Junior) in the Comprehensive Rehabilitation Centre of the erstwhile Regional Medical College, Imphal in the scale of pay of Rs.640-30-850-EB-40-1410/- vide order dated 19-01- 1987 issued by the then Chairman. After having served in the said capacity for more than 12 years, the petitioner was granted financial upgradation under the Assured Career Progression (ACP) Scheme in the scale of pay of Rs.6,500-200-10,500/- pm vide order dated 06-09-2000 issued by the Director, RIMS, Imphal. On the recommendation of a DPC in its meeting held on 19-08-2006, the petitioner was promoted to the post of Senior Physiotherapist, RIMS, Imphal in the same pay scale of Rs.6,500-200-10,500/-pm vide order dated 25-08-2006 issued by the Director, RIMS, Imphal.
[3.2] The RIMS, Imphal was taken over by the Ministry of Health and Family Welfare, Government of India with effect from 01-04-2007, for which a MOU dated 24-04-2007 was executed between the North Easter Council (hereinafter referred to as “the NEC”) a statutory body having its office at Shillong and the Ministry of Health and Family Welfare, Government of India Nirman Bhavan, New Delhi.
[3.3] The petitioner submitted a representation dated 20-10-2008 raising all her grievances including a request to grant the pay scale of Rs.8000- 275-13,500/- pm in view of the Central Civil Service (Revised Pay) Rules, 1997 as the same was given to other Senior Physiotherapist working under the Ministry of Health and Family Welfare, Government of India, followed by a representation dated 14-06-2010 addressed to the Director, RIMS, Imphal requesting him to dispose of her representation dated 20-10-2008. Thereafter, her representation was placed before the Grievance Redressal Committee for consideration which, after due process and consideration, approved and decided to afford the said pay scale of Rs.8000-275-13500/- pm.
[3.4] In view of Senior Physiotherapists working in similarly situated Hospitals/ Institutions being given the pay scale of Rs.8000-275-13500/-, the petitioner submitted a representation dated 12-10-2010 to the Director, RIMS, Imphal citing the example of Shri. V. Kaleeswaran who was recommended on 12-01-2010 for promotion to the post of Senior Physiotherapist, Jawaharlal Institute of Post Graduate Medical Education and Research, Puduchery (in short, JIPMER) with the Pay Scale being shown as Rs.15600-39100+GP 5400 (Pre-revised: Rs.8000-275-13500/-) with PB-3. As no positive response came from the side of the RIMS, Imphal, the petitioner submitted another representation on 17-05-2012 with a prayer to revise her pay scale as prescribed in the Central Civil Services (Revised Pay) Rules, 2008 corresponding with the pay scale of Rs.8000- 275-13500/- pm, followed by a representation dated 09-06-2014 with a prayer to revise the pay scale of Senior Physiotherapist held by her in the scale of Rs. 8000-275-13500/-pm with effect from 09-08-1999.
[3.5] The Director, RIMS, Imphal vide its letter dated 27-02-2015 forwarded her representations to the Secretary (H & FW), Ministry of
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