MULTIPURPOSE HEALTH WORKERS ASSOCIATION & ORS. versus STATE OF HARYANA AND ORS.

Citation: [1996] SUPP. 2 S.C.R. 484 · Decided: 07-05-1996 · Supreme Court of India · Bench: G.N. RAY · Disposal: Dismissed
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Judgment (excerpt)

A 
MULTIPURPOSE HEALTH WORKERS ASSOCIATION & ORS. 
v. 
STATE OF HARYANA AND ORS. 
MAY 7, 1996 
B 
[G.N. RAY AND B.L. HANSARIA, JJ.) 
Service Law : 
Equal pay for equal work-Multipwpose Health Workers-Higher pay 
C scale of Rs. 1200-204o-Granted to holders of other technical posts w.e.f 
1-5-1991>-Whereas multipurpose health w01kers granted higher pay scale 
w.e.f 1.1.1994-Validity of-In absence of infonnation about nature and 
quality of duties of other holders of technical posts, equalisation of pay could 
not be asked for. 
D 
Higher pay scalt?-Date of commencement of-Director General of 
Health Service recommended grant of higher pay scale of Rs. 1200-2040 to 
Multipurpose Health Workers w.e.f 1.5.199(}-But Govemment gave higher 
pay scale w.e.f 1.1.1994---Held : recommendation of Director General of 
Health Services had only pursuasive value and not binding on the Govem-
E ment-Decision of Government not arbitrary but rational. 
Higher pay scale-grant of-To Multipurpose Health Workers w.e.f 
l.5.199()-J3y virtue of notification dated 26. 7.1991-Held : The Multipurpose 
Health Workers did not receive the training contemplated by the notifica-
F 
lion-Hence, not entitled to higher pay scale w.e.f 1.5.1990. 
The appellant-association's members were Multipurpose Health 
Workers. The appellants' claim for higher pay scale of Rs. 1200-2040 with 
effect from 1.5.1990 was rejected by the State Government. However, the 
said higher pay scale was made available with effect from 1.1.1994. The 
G appellants filed a writ petition in the High Court claiming the said higher 
pay scale with effect from 1.5.1990 which was dismissed. Being aggrieved, 
the appellants preferred the present appeal. On behalf of the appellants it 
was contended that the notification dated 26.7.1991 of the State Govern-
ment raising the pay scales of "some technical posts' to Rs. 1200-2040 
H itself made it effective from 1.5.1990; that since other holders of technical 
484 
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MULTIPURPOSE HEALTII WORKERS ASSN. v. Sf ATE [HANSARIA, J.] 
485 
posts were given the aforesaid pay scale with effect from 1.5.1990; there A 
existed no cogent reason to deny the same to the appellants who discharged 
the same function as those holders of technical posts; and that the State's 
Director General of Health Services had taken the view that the training 
imparted by the Department to the appellants was ec1uivalent to the one 
received in the !Tis. 
On behalf of the respondents it was contended that the notification 
had no application to the appellants since they did not possess the 
qualification of "IT! Certificate/Diploma from Polytechnic" prescribed by 
the State Government notification. 
Dismissing the appeal, this Court 
HELD : 1.1. The Multipurpose Health Workers do not possess IT! 
Certificate/Diploma from any Polytechnic and had not received the train-
B 
c 
ing of which the notification dated 26.7.1991 speaks of. They are, therefore, D 
not entitled to the revised pay scale with effect from 1.5.1990 by the force 
of the notification. [486-F, H, 487-C] 
1.2. Though it is correct that the Director General of Health Services 
strongly recommended the case of the appellants his view only has a 
pursuasive value and is not binding on the Government. Moreover, in the 
absence of information about the nature and quality of duties of other 
holders of technical posts who were given the higher pay scale from 
1.5.1990 it is not possible to. ask for equalisation of the pay scale of the 
appellants with the concerned technical post holders. [487-G-H] 
1.3. The decision by the Government to fix the revised pay scale of 
the appellants from 1.5.1990 cannot be said to be in any way arbitrary; it 
is indeed rational. [488-B] 
E 
F 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7950 of G 
1996. 
From the Judgment and Order dated 7.8.91 of the Punjab & Haryana 
High Court in C.W.P. No. 2572 of 1991. 
Pradeep Gupta and K.K. Mohan for the Appellants. 
H 
486 
SUPREME COURT REPORTS (1996[ SUPP. 2 S.C.R. 
A 
Ms. Suruchi Aggarwal for Ms. Indu Malhotra, B.B. Sawhney, Ms. 
B 
c 
Indira Sawhney and Deepak Dewan, for the Respondents. 
The Judgment of the Court was delivered by 
HANSARIA, J. Special leave granted. 
2. The appellant -. association's members are Multipurpose Health 
Workers of Haryana. The only question we have been called upon to 
decide is the whether the higher pay scale of Rs. 1200-2040 lo these 
workers to be made available to them with effect from l.5.1990, ins
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