The petitioner is a Health Visitor. Pursuant to the 5th Pay Commission recommendations, based on G.O.Ms.No.666, Finance (PC) Department, dated 27.06.1989, the pay of the Health Visitor was revised to Rs.1200-2040, while the pay of Multi Purpose Health Supervisor was revised to Rs.1350-2200 and the pay of Sector Health Nurses was revised to Rs.1400-2600. However, the scale of Health Visitor was further revised to Rs.1350-2200, by G.O.Ms.No.113, Finance Department, dated 31.01.1990, while the scale of Sector health nurse was brought down to Rs.1350 2200, by G.O.Ms.No.1057, Finance Department, dated 25.09.89. i.e. all the posts namely, the Sector Health Nurse, the Multi Purpose Health Supervisor and Health Visitor were granted the same scale of pay Rs.1350-2200.
2. The Sector Health Nurses filed O.A. 786 of 1990 through their Association before the Tamil Nadu Tribunal to quash the G.O.Ms.No.1057, Finance Department, dated 25.09.1989 bringing down the scale of Sector Health Nurses from 1400-2600 to 1350-2200 on par with Health Supervisor (Male).
3. The tribunal allowed the said original application on 13.05.1996 and issued the following direction.
"We direct the respondents to take into account the recommendation given by the Fifty pay commission as well as the orders passed by them in G.O.Ms.No.666, Finance (Pay Cell), dated 27.06.1989. The nature of duties between the female Sector Nurse is different from the Health Supervisor (Male). The volume of work and the nature of work, according to the learned counsel of the applicant Association, varies. For all these reasons, we quash the impugned order in G.O.Ms.No.1057, Finance (PC), dated 25.09.1989 and direct the respondents to retain the scale of pay of the applicant Association as envisaged in G.O.Ms.No.666, Finance (PC), dated : 27.06.1989".
4. The Government took up the matter to the Honourable Apex court, and the Apex Court upheld the order of the Tribunal. This resulted in the Government issuing G.O.Ms.No.91, Finance Department, dated 26.02.1997 in terms of the order of the Tribunal, referred to above.
5. While this being the position, the petitioner filed O.A. 615/2002 praying for a direction for fixation of the scale of pay of Rs.1400-2600 to Health Visitors as given to Sector Health Nurses. The petitioner, a Health Visitor, claims parity of pay on par with the Sector Health Nurses.
6. The matter is concluded by the orders passed by the Honourable Apex Court, as stated above. The Government has also acted upon the same, by issuing G.O.Ms.No.91, Finance Department, dated 26.02.1997. Hence, the petitioner cannot claim parity on par with the Sector Health Nurses. Hence, the Writ Petition deserves to be dismissed. In fact this court also negatived similar claim in the order dated 17.08.2009 made in W.P. No.9281 of 2007, taking into account the aforesaid facts.
7. However, the learned counsel for the petitioner states that the Health Visitors were given Rs.1400-2600 scale at various hospitals in Tamilnadu and the learned counsel produced those orders in the typedset. The petitioner has also produced, an Office Order in Reference No. 089400/TB(1)/98, dated 13.09.1998 of the Director of Medical and Rural Health Services, the second respondent herein, requesting the Government to accord the scale of Sector Health Nurses to the Health Visitors. It is submitted that in view of the aforesaid decision of the Honourable Apex Court, the Health Visitors are estopped from seeking parity with the Sector Health Nurses. The learned counsel for the petitioner submits that however, the decision of the Honourable Apex Court will not preclude the Government from revising the pay of Health Visitors on par with the Sector Health Nurses, while the Government was precluded from reducing the pay of Sector Health Nurses in the aforesaid order of the Honourable Apex Court. The learned counsel therefore submits, that the first respondent may be directed to consider the aforesaid recommendations of the 2nd respondent and pass suitable orders.
8. In these circumstances, though the writ petition stands dismissed, the first respondent is directed to pass an order on the request made by the Director of Medical and Rural Health Services, the 2nd respondent herein, in D.O. Reference No. 089400/TB(1)/98, dated 13.09.98, on merits and in accordance with law, within a period of 8 weeks from the date of the receipt of copy of this order. No costs.
ogy To
1. Director of Public Health and Preventive Medicines, Chennai 6.
2. District Health Officer, Kanyakumari District at Nagercoil.
3. District Employment Officer, Kanyakumari District at Nagercoil.
4. Director of Municipal Administration, Chepauk, Chennai 5