1.0. With the consent of both the sides, the matter is taken up for final hearing today itself. 2.0 The limited question that has come up for my consideration is whether the respondents are justified in not granting the benefits of revised payscales of 6th Pay Commission to the petitioners who are working as senior lecturers/ lecturers in the physiotherapy colleges at Ahmedabad and Vadodara run by the respondents.
3.0 The petitioners herein are serving as senior lecturers/lecturers in the physiotherapy colleges at Ahmedabad and Vadodara run by the respondents. They were initially appointed as physiotherapists, discharging only clinical duty. With the establishment of colleges at Vadodara and thereafter at Ahmedabad, the petitioners were appointed as lecturers and some of them were later on promoted as senior lecturers. The respondents have framed recruitment rules for the post of lecturers and senior lecturers in physiotherapy and fixation of pay scale of the petitioners were made. The petitioners are not granted pay parity with the persons employed in medicines, dental, nursing and pharmaceutical courses for teaching at undergraduate and postgraduate levels. In spite of making several representations by the petitioners, there was no response from the respondents and representation dated 22.04.2009 has not received favourable response. The petitioners therefore, filed present petition.
4.0 By Government Resolution dated 12.02.2009 the State Government accepted the recommendations of the 6th Pay Commission and resolved to grant the benefit of revised Payscales to all the employees of the State Government and District Panchayats with effect from 01.01.2006 on certain terms and conditions. In furtherance of the above Resolution, the State Government passed another Resolution dated 27.02.2009 in respect of all the employees working in different Government Public Sector Undertakings, Government Boards and Government Corporations run and managed by the State Government on certain terms and conditions.
5.0 The main ground urged is that all the employees of public undertakings, government boards and government corporations are treated as the employees of the State Government for all purposes and all similarly situated employees have been granted and have been getting all benefits, as are granted to the employees of the State Government. The respondents have granted the benefits of 3rd, 4th and 5th Pay Commissions to the similarly situated employees of the respondent. Therefore, it has been submitted on behalf of the petitioners that there is no valid or rational justification in denying the benefits of revised Payscale of 6th Pay Commission to the petitioners with effect from 01.01.2006.
6.0 On behalf of the respondents, it has been submitted that the equation of posts and equation of salaries is a matter which is best left to an expert body and that fixation of pay and determination of parity in duties and responsibilities is a complex matter, which is for the Executive to discharge.
7.0 In support of the submission, reliance has been placed on a decision of the Apex Court in the case of State of West Bengal v. Subhas Kumar Chatterjee and others, (2010) 11 SCC 694 wherein, it has been held that Courts should avoid giving a declaration granting a particular scale of pay and compel the Government to implement the same.
8.0 Heard learned counsel for the respective parties. It is not in dispute that the petitioners herein, are similarly situated employees who have been granted benefits of the 6th Pay Commissions from the dates on which the employees of the State Government had been granted the said benefits. Prima facie, the matter requires serious consideration by the State Government since no reasons have been given for denying the benefits of the revised Payscale of 6th Pay Commission to the present petitioners when the State Government has extended the benefits of revised Payscale of 6th Pay Commission to employees of different Public Sector Undertakings, Government Boards and Government Corporations with effect from 01.01.2006. However, at the same time, this Court is cautious about the fact that in matters pertaining to fixation of pay, the Executive is the expert body.
9.0 Under the circumstances, the Court deems it fit to relegate the matter to a specially constituted Committee, which shall look into the grievances raised by the petitioners in the present proceedings. The Court is of the view that if, ultimately, the petitioners succeed in the present proceedings, then the State Government would be financially burdened with the principal amount and interest; and on the other side, the petitioners would be required to wait for an unknowingly indefinite period in the hope of getting their legitimate right.
10.0 In view of the above, the following order is passed;
(I) The State Government shall constitute a Special Committee consisting of three authorities, namely, the Principal Secretary, Finance Department, the Principal Secretary, General Administration Department and the Secretary, Health and Family Welfare Department, within a period of Four Weeks from today, which shall be entrusted with the duty to look into the grievances raised by the petitioners in the present proceedings.
(II) The petitioners herein shall file separate or common detailed representation/s regarding the subject matter before the specially constituted Committee, as aforesaid, within a period of Thirty Days from today.
If a common representation is made, then the same shall be made on behalf of a person, who shall act as the Representative of all the petitioners.
(III) On receipt of such representation/s from the petitioners or their Representative, the Committee shall issue Notice to the petitioners or the Representative, as the case may be, informing about the date on which hearing shall take place in connection with the subject matter.
(IV) While deciding the case of the petitioners, it is expected that the specially constituted Committee will consider in true spirit the Resolutions passed by the State Government whereby, the benefits of revised Payscale of 6th Pay Commission have been granted to the employees of different Public Sector Undertakings, Government Boards and Government Corporations with effect from 01.01.2006.
(V) The aforesaid exercise shall be completed within a period of One Year from the date of constitution of the Committee prescribed in clause(I) herein above.
11.0 With the above directions, the petition stands disposed of. It is made clear that this Court has not entered into the merits of the case and has passed this order looking to the larger interest of both the sides and it is expected that the respondents will decide the matter in its true spirit. If, ultimately, the decision taken by such Committee is adverse to the petitioners, then the petitioners shall be at liberty to file appropriate application for revival of this petition or file fresh petition challenging such decision. Direct service permitted.
(K.S. JHAVERI, J.) niru*