The principle of 'equal pay for equal work' requires total identity of duties, responsibilities, qualifications, and recruitment methods; pay fixation is a complex policy matter for the executive, and courts should restrain from interfering unless there is established hostile discrimination or clear arbitrariness.

ORDER

By Dr. Chhabilendra Roul, Member (A)

Present OA has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

“8.1 The respondents be directed to grant pay scale of Rs. 5000-8000 to the applicants w.e.f. 01.01.1996 and subsequently their pay be refixed in PB2 of Rs. 9300-34800 with grade pay of Rs. 4200 w.e.f. 01.01.2006.

8.2 Costs of the proceedings may be allowed.

8.3 Any other order(s) as deemed fit and proper to secure the ends of justice may be passed.”

2. Factual Matrix

2.1 Through the medium of present OA applicants seek revision of pay scales of Laboratory Technicians w.e.f. 01.01.1996 in the pay scale of Rs.5000-8000 and re-fixation in PB-2 at Rs.9300-34800 with Grade Pay of Rs.4200 w.e.f. 01.01.2006. To appreciate the background of the case, it would be appropriate to go back to the earlier fixation of pay of Laboratory Technicians in All India Institute of Medical Sciences (AIIMS) w.e.f. 01.01.1996. Initially, their pay was fixed at Rs. 4500-7000 w.e.f. 01.01.1996. This fixation of initial pay of Laboratory Technicians was issued on 04.02.1999 to be effective from 01.01.1996. The applicant No.1, i.e. the Association of Qualified and Trained Technologist of AIIMS, agitated that the pay scale of Laboratory Technicians should be enhanced to Rs. 5000-8000 w.e.f. 01.01.1996, instead of Rs. 4500-7000. The matter was placed before the Standing Finance Committee of Respondent No.3 which approved the proposal and referred the matter to Respondent No. 2. Vide letter dated 21.12.2004, respondent No.3 provided the necessary clarifications to Respondent No.2 on 21.06.2005. As there was no positive response from the respondents regarding the enhancement of the pay scale as requested by the Association, i.e., applicant No.1, applicants filed a Writ Petition before the High Court of Delhi. High Court of Delhi, which directed the applicants to approach this Tribunal and accordingly the case was transferred to this Tribunal and registered as TA No.9/2009. The said TA was disposed of vide order dated 03.03.2009 with direction to respondent No. 3 to re-examine the claim of the applicants. Respondent No. 3 challenged the said order before the High Court of Delhi which was remanded to the Tribunal for fresh consideration. After hearing both the parties, the Tribunal disposed of the said TA afresh vide order dated 30.08.2011 whereby the respondents were directed to decide the issue of revising the pay scale of the Laboratory Technicians within three months. In pursuance of the said order, respondent No. 3 passed the detailed speaking order dated 24.08.2012, (Annexure A-1), rejecting the claim of the applicants for revision of the pay scale at par with Laboratory Technicians of PGI Chandigarh. Being aggrieved, the applicants have filed the present case seeking aforementioned relief.

3. Notices were issued to the respondents and they have filed their counter reply, to which the applicant has also filed his rejoinder.

4. Submission by Learned Counsel for Applicants

4.1 Learned counsel for applicants states that there had always been a historical parity between the Laboratory Technicians of AIIMS with that of PGI Chandigarh. The pay scale of Laboratory Technicians in PGI Chandigarh has been revised to Rs.5000-8000 w.e.f. 01.01.1996, whereas respondent No.3, AIIMS, Delhi, has not done it so far in the case of applicants. As the functions and