Case Note & Summary
The petitioner, Shri Wilson J. Rebeiro, filed a writ petition before the High Court of Bombay at Goa seeking a writ of mandamus directing the State of Goa and the Director of Higher Education to grant him the correct pay scale of Rs.1200-2040 for the post of Laboratory Technician from 10/08/1992, with subsequent revisions as per the Fifth and Sixth Pay Commissions and all consequential benefits like arrears. He was appointed on 10/08/1992 as a Laboratory Technician in the Physics Department of respondent No.3, Carmel College of Arts, Science and Commerce for Women, Nuvem, a non-government aided college, on a pay scale of Rs.950-20-1150-EB-25-1500. The petitioner claimed that the pay scale for the same post in government colleges was Rs.1200-2040 plus usual allowances. He brought this to the notice of the Director of Higher Education by letter dated 20/10/1996, but respondent No.2 informed him on 10/12/1996 that the pay scale was not revised. On 16/03/1999, respondent No.2 issued a circular stating that the pay scale of Laboratory Technician was Rs.1200-2040. Despite several representations, the respondents did not correct his pay scale, leading to the filing of the writ petition. The core legal issue was whether the petitioner was entitled to the revised pay scale from the date of his appointment or only from a later date, particularly after the framing of recruitment rules on 08/12/2011. The petitioner's counsel argued that there was a clear anomaly and discrepancy in pay scales between government and aided colleges, and relied on a letter dated 05/10/1995 from the Deputy Director of Education to the Principal of Dhempe College, which stated that the pay scale for Laboratory Technician (Physics Lab) was Rs.1200-2040, and an order dated 05/01/1996 appointing one Kum. Smita Gangadhar Chitnis as Technician (Phy. Lab.) in a government college on the pay scale of Rs.1200-30-1560-EE-40-2040. The respondent's counsel submitted that the order dated 20/03/1995 relied upon by the petitioner did not pertain to the post of Laboratory Technician and was not applicable. He further contended that the anomaly was cleared by a government letter dated 18/05/2006, which directed that the petitioner would be entitled to the pay scale of Rs.5200-20200+GP Rs.2040/- only from the date of publication of recruitment rules dated 08/12/2011, as no recruitment rules existed earlier. The court analysed the documents produced by the petitioner. It noted that the letter dated 05/10/1995 only informed the principal that the pay scale for the post was Rs.1200-2040, but did not disclose the date on which such pay scale was made applicable. The order dated 05/01/1996 showed the appointment of another person on a higher pay scale in a government college, but the court observed that the petitioner failed to produce any document showing when the pay scale of Laboratory Technician was revised. The court was considering whether the petitioner had established his entitlement to retrospective pay parity. The provided excerpt of the judgment ends before the final decision, so the ultimate holding and operative directions are not available in the text.
Headnote
A) Service Law - Pay Parity - Laboratory Technician Pay Scale - Not mentioned - Petitioner appointed as Laboratory Technician in a non-government aided college on pay scale Rs.950-20-1150-EB-25-1500, claimed entitlement to government scale Rs.1200-2040 based on letter dated 05/10/1995 and order dated 05/01/1996 - Court examined these documents and noted petitioner failed to produce any document showing when the pay scale was revised - Held not determined in excerpt, but court analysed the evidence (Paras 2-11). B) Evidence Law - Burden of Proof - Petitioner's Duty to Show Revision Date - Not mentioned - Court observed that the letter dated 05/10/1995 informed the principal of Dhempe College that the pay scale for Laboratory Technician (Phy-Lab) was Rs.1200-2040, but did not disclose the date on which such pay scale was made applicable - Held that petitioner's reliance on this document did not establish retrospective entitlement without further proof (Paras 8-11).
Issue of Consideration
Whether the petitioner was entitled to the pay scale of Rs.1200-2040 for the post of Laboratory Technician from the date of his appointment on 10/08/1992, or only from the publication of recruitment rules dated 08/12/2011; and whether the respondent authorities were required to correct the pay scale and grant consequential benefits.
Law Points
- Pay parity
- laboratory technician
- writ of mandamus
- government aided college
- pay scale revision
- recruitment rules
