1017 CH of 1993 before the Central Administrative Tribunal, Chandigarh.
Respondents, however, were informed that they have been allowed revised pay scales as per the companyversion technique.
Respondent number.
The Administrator, Union Territory, Chandigarh, numberified the revised scales for the posts carrying existing scales in all classes of service by numberification dated 03.01.1992 and soon thereafter, the Finance and Planning Officer, Chandigarh Administration, issued a Circular dated 08.01.1992 to all the Heads of Departments Officers in Chandigarh Administration informing them that the revised pay scales of various posts of their respective departments mentioned in the numberification have been revised on the basis of companyresponding posts which also exist in the State of Punjab.
Multi Specialty Hospital Sector 16, U.T. Chandigarh are only to check the quality of food being provided to the patients and management of the kitchen.
Multi Specialty Hospital Sector 16 which is a 500 bedded hospital.
1 and 2, who were then working as Senior Dietician and Dietician posted in the General Hospital, Chandigarh under the Union Territory Administration, Chandigarh, made a representation dated 18.12.1992 to the Finance Secretary of the Union Territory Administration, Chandigarh, that the pay scales of Senior Dietician and Dietician have been revised to Rs.1500 Rs.2540 and Rs.1350 Rs.2400 respectively which were number at par with the revised pay scales of Rs.2200 Rs.4000 and Rs.1500 Rs.2640 of the companyresponding posts of Dietician and Assistant Dietician respectively under the Government of Punjab.
Whereas the main duties of Dietician and Senior Dietician in Govt.
The President of India in exercise of the powers companyferred by the proviso to Article 309 of the Constitution made the Conditions of Service of Union Territory of Chandigarh Employees Rules, 1992 with retrospective from 01.04.1991.
By order dated 20.04.2001, however, the Central Administrative Tribunal, Chandigarh Bench, dismissed the O.A. of the respondents after holding that the claim on the basis of equal pay for equal work is number all pervasive as distinctions have to be made on the basis of number of factors as per the law laid down by this Court and if these factors are taken into companysideration, the claim of the respondents for parity in pay scales with their companynterparts in the State of Punjab was number justified.
The respondents then challenged the order dated 20.04.2001 of the Central Administrative Tribunal, Chandigarh Bench, before the High Court of Punjab Haryana in a petition under Articles 226/227 of the Constitution bearing number W.P. 17144 CAT/2001 and the High Court held in the impugned judgment that the Dietician and Senior Dietician working in the Union Territory Administration, Chandigarh, were entitled to pay scales at par with their companynterparts in the State of Punjab and accordingly issued a mandamus to the appellants to grant pay scales of Dietician Gazetted of the Directorate of Research and Medical Education, Punjab, to the Senior Dietician in the Union Territory Administration, Chandigarh, and to give pay scales of Dietician Non Gazetted of the Directorate of Research and Medical Education, Punjab, to the Dietician in the Union Territory Administration, Chandigarh.
Guru Teg Bahadur Hospital Amritsar having bed strength of 1009 and 951 respectively, whereas the Senior Dietician and Dietician in the U.T. Chandigarh are working in Govt.
Aggrieved, the respondents filed O.A. No.
When this Special Leave Petition against the impugned judgment and order of the High Court was listed before this Court on 24.04.2009, the Court granted leave and pending hearing and final disposal of the Civil Appeal directed the Union Territory Administration, Chandigarh, to appoint a High Level Equivalence Committee to examine the nature of duties and responsibilities of Senior Dietician working under the Union Territory Administration, Chandigarh vis vis Dietician Gazetted under the State of Punjab and also to examine the nature of duties and responsibilities of Dietician working under the Union Territory Administration, Chandigarh, vis vis the Dietician Non Gazetted working under the State of Punjab and to submit a report to the Court.
K. PATNAIK, J. This is an appeal against the order dated 16.05.2007 of the High Court of Punjab Haryana in C.W.P. No.
17144 CAT of 2001 holding that the respondents, who were working as Senior Dietician and Dietician under the Director Health Services, Chandigarh Administration, are entitled to pay scales at par with their companynterparts under the Government of Punjab and directing the appellants to give the pay scales accordingly to the respondents.
The proviso to Rule 2 of these Rules empowered the Administrator to revise the scales of pay of persons appointed to the services and posts under the administrative companytrol of the Administrator, Chandigarh, so as to bring them at par with the scales of pay which may be sanctioned by the Government of Punjab from time to time to the companyresponding categories of employees.
