JUDGMENT

V. Ramasubramanian, J.

1. These civil appeals arise out of a common order passed by the Division Bench of the High Court of Gujarat at Ahmedabad confirming the order of the learned Single Judge, holding that the respondents possessing a degree of BAMS (Bachelor of Ayurved in Medicine and Surgery) should be treated at par with the doctors holding MBBS degrees and that they are entitled to the benefits of the recommendations of the Tikku Pay Commission.

2. We have heard the learned counsel appearing for the parties.

3. On the basis of a Memorandum of Settlement dated 21.08.1989 entered into by the Ministry of Health and Family Welfare with the Joint Action Council of Service Doctors Organisation, a High-Power Committee was constituted on 03.05.1990 with Shri R.K. Tikku as its Chairman, for the purpose of improving the service conditions and prospects of the doctors in Government service.

4. This Committee held 30 meetings during the period from June-1990 to October-1990 and submitted its recommendations under a Report dated 31.10.1990. The recommendations contained in this Report was confined only to service doctors holding MBBS degrees and post-graduate medical degrees and degrees in super-specialities and those on the teaching and non-teaching sides.

5. By a separate order dated 19.11.1990, the Ministry of Health and Family Welfare constituted another High-Power Committee under the chairmanship of the very same person, namely, Shri R.K. Tikku, for the purpose of considering the career improvement and cadre restructuring of the practitioners of Indian Systems of Medicine and Homeopathy. This Committee submitted a separate Report on 26.02.1991 and it was confined to practitioners of alternative Systems of Medicine, holding degrees in Ayurved/Unani/Siddha/Homeopathy.

6. The Government of India accepted the recommendations of the Tikku Committee dated 31.10.1990, in respect of allopathic doctors by Office Memorandum dated 14.11.1991. The State of Gujarat also accepted the recommendations of the Tikku Committee for allopathic doctors and issued an order in Resolution No.GHS/1094/2842/T dated 17.10.1994. It was stated in the said order dated 17.10.1994 that adequate number of allopathic doctors was not available in the State and that therefore, it was necessary to attract talent.

7. After the implementation of the recommendations of the Tikku Committee dated 31.10.1990 in respect of allopathic doctors, in the State of Gujarat by the Government Resolution dated 17.10.1994, the Local Fund Audit, Ahmedabad sought clarifications, vide letters dated 04.03.1998 and 21.04.1998, as to whether the same benefits are available to non-MBBS medical officers holding qualifications such as G.A.F.M/LMP.

8. In response, the Health and Family Welfare Department of the Government of Gujarat issued a Government Resolution bearing No.KRV/1098/726/CH dated 01.01.1999, holding that non-MBBS medical officers are also entitled to the benefit. Incidentally this letter stated that the recommendations of the Tikku Committee were extended even to doctors working under the Employees State Insurance Scheme, vide Government Resolution dated 01.07.1997.

9. The respondents herein who were originally appointed on adhoc basis, under the ‘Community Health Volunteer Medical Officers Scheme’ floated by the Government of India and who were later absorbed by the State of Gujarat in May- 1999, filed 4 writ petitions on the file of the High Court of Gujarat seeking extension of the benefit of higher scales of pay on the basis of the recommendations of Tikku Pay Commission. A separate writ petition was filed by the Medical Officers (Ayurved) Association, comprising of persons initially appointed as Medical Officers Class-III. The relief sought by this Association was similar to the one sought in the batch of four writ petitions.

10. By a common order dated 26.07.2012, a learned J