Courts defer pay structure determination to expert bodies like Pay Commissions; equal pay for equal work inapplicable without identical duties, qualifications, responsibilities despite historical parity; recurring benefits not barred by delay.

O R D E R

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The UPSC had issued an advertisement No.11, inviting applications for various posts including the post of Nutritionist (Non-nursing Teaching Post) under the respondent college from the candidates possessing Masters Degree in Nutrition with about five years of teaching experience in Nutrition or allied subjects. The applicant on being successful in the selection process, was issued offer of appointment on 09.05.2005. She joined the respondent college on27.03.2006.

2. Learned counsel for the applicant submitted that on 23.10.2008, the applicant‟s pay was revised and refixed w.e.f. 01.01.2006 with Grade Pay of Rs.4200. Learned counsel for the applicant submitted that the Ministry of Health and Family Welfare has made a parity and higher pay scales than those revised by the 6th CPC were extended to all "Teaching Nursing Personnel" but the pay scales of Nutritionist (Teaching Digitally signed by RACHNA KAPOOR Post) and Lecturer in Psychology were left untouched nor their designations were changed. However, later on, the designation of Lecturer in Psychology was changed to Associate Professor, but Nutritionist (Teaching Post) was not re-designated, though they both are discharging the same duties of teacher. Aggrieved, the applicant preferred a representation dated 20.09.2009 followed by reminders dated 31.05.2014, 20.07.2015 and 30.08.2016, referring to the OM dated 10.09.2009 of Ministry of H&FW, praying for revision of pay scale and removing the anomalies in pay scale. On 16.11.2011, the Anomaly Committee recommended the Ministry of H&FW to revise the pay scale of non-nursing „teaching‟ post of Nutritionist (Non-nursing Teaching post) to PB-III with Grade Pay of Rs.5400 in view of 6th CPC recommendations, however, no action has been taken till date. Hence, the present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s):-

“[1] To quash and set aside order dated 02.11.2016 passed by RAK College, Ministry of health and family welfare and order dated 10.02.2009 passed by the Ministry of Health and family Welfare, Govt. of India.

(2) Declare the post of nutritionist (Non-nursing Teaching Post) as equivalent to that of Associate Professor (Lecturer) in accordance with relevant rules, regulations and in terms of Ordinance XXIV of Delhi University Act.

[3] Direct the Respondents to Grant the pay scale of i.e. 15600-39100 PB-III with GP 6600 to the Applicant w.e.f. 27.03.2006.

[4] Any other relief, which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case, may also be passed in favour of the applicant.

[5] Cost of the proceedings be awarded in favour of the Applicant and against the Respondents.”

3. The contention of the learned counsel for the applicant is that the 6^th CPC in its recommendations, revised the pay scales for „teaching‟ nursing personnel w.e.f. 01.01.2006 including Clinic Instructor, Sister Tutor, Senior Tutor, Vice Principal (School of Nursing), Senior Lecturer (College of Nursing) and Principal/VP (School of Nursing/College of Nursing) and since the post of Nutritionist does not come under the nursing personnel, it is being left alone. He submitted that even the Lecturers, who belong to the teaching faculty Digitally signed by have been redesignated as „Assistant Professor‟ with Grade Pay of Rs.6000/- .

4. Learned counsel for the applicant submitted that since the post of Nutritionist is an isolated pos