Dalimi Kalita Wins Case Against Assam Power Distribution Company Limited Over Pay Discrepancy
In a significant ruling, the Gauhati High Court has directed the Assam Power Distribution Company Limited (APDCL) to rectify a long-standing pay discrepancy faced by Dalimi Kalita, an Auxiliary Nurse and Midwife (ANM) employed by the company. The petitioner, who was appointed in 1992, brought to light the issue of receiving a lower pay scale compared to her peers, despite the Assam Services (Revision of Pay) Rules, 2017, stipulating identical pay bands and grade pays for the post of Midwife and ANM.
The Court, presided over by Mr. Justice Kardak Ete, acknowledged the petitioner's grievance as a continuing/recurring cause of action. It emphasized that the delay in raising the issue could not bar her legitimate claim to equal pay. The judgment referenced Supreme Court precedents affirming that cases involving recurring causes of action, such as ongoing pay discrepancies, are not barred by limitations.
Despite the respondent's argument that the claim was time-barred due to the petitioner's delay of nearly 30 years, the Court ruled in favor of Kalita. It ordered APDCL to reconsider and re-fix her pay and allowances to align with those of similarly situated ANMs. The Court limited the arrears to be paid for three years from the date of demand, following the Supreme Court's observations in Union of India v. Tarsem Singh.
The judgment underscored the doctrine of the model employer, criticizing the authorities for denying rightful pay due to administrative inefficiency and emphasizing that financial implications cannot override constitutional guarantees against discrimination.
The Court's directive mandates APDCL to implement the necessary adjustments within 60 days, reinforcing the judicial commitment to ensuring fairness and equity in employment practices.
Bottom Line:
Service Law - Pay Discrepancy - Auxiliary Nurse and Midwife (ANM) - Petitioner entitled to similar pay and allowances as other similarly situated ANMs despite a delay in raising the grievance, as it constitutes a continuing/recurring cause of action.
Statutory provision(s): Assam Services (Revision of Pay) Rules, 2017
Dalimi Kalita v. Assam Power Distribution Company Limited, (Gauhati) : Law Finder Doc id # 2852966
