IMPORTANT POINT
The judgment established that Ayurvedic doctors and allopathic doctors do not perform equal work to be entitled to equal pay.

JUDGMENT :

1. Present petition is filed by the petitioner under Articles 14, 16 and 226 of the Constitution of India seeking below mentioned relief/s:-

"18(A) Quashing and setting aside the letter dt.30.3.2010 and further directing the respondents to grant higher grade scales to the petitioner by applying the Resolution dt. 17.10.1994 and order dt.18.6.1996 in her case and further revise her pay scale and pension and grant her consequential benefits accordingly.

(B) During the pending and final disposal of the petition, the respondents may be directed to give the benefits flowing from the order dt.18.6.1996 to the petitioner and revise her pension accordingly.

(C) To grant such other and further relief as may be deemed fit."

2. The petitioner was appointed as Medical Officer, Class-II in Gujarat Ayurved Services after selection by the Gujarat Public Service Commission vide circular dated 25.5.1983 issued by Health and Family Welfare Department and she resumed her duty on 4.6.1983. By this petition, the petitioner has challenged letter dated 30.3.2010 and action of the respondents in not granting the benefits of recommendation made by Tiku Commission for the advancement of careers of the Medical officers, as being illegal, arbitrary, unreasonable and in violation of provisions of fundamental rights under Articles 14 and 16 of the Constitution of India.

3. On 15.6.2018, after hearing learned Counsel for the petitioner, the co-ordinate bench of this Court passed following order:-

Learned counsel for the petitioner made her submissions for quite sometime. During the course of her submission, it transpires that petitions being Special Civil Application No.6017 of 2008 and allied matters were filed by similarly situated persons, were allowed vide order dated 26.07.2012. However, Letters Patent Appeal was preferred thereupon, which was allowed by the Division Bench of this Court and wherefrom, Special Leave Petition was filed in the Hon'ble Supreme Court, wherein, the Hon'ble Supreme Court has passed the following order.

“Leave granted.

Having heard learned counsel for the parties, it is directed that the State of Gujarat shall comply with the order of the High Court up to 50% within two months. Needless to say, it case the appeal is dismissed, the respondents shall be entitled to the balance 50% with interest, which shall be determined at the time of final adjudication of the appeal. Hearing expedited.”

In that view of the matter, Ms. Mamta Vyas, learned counsel for the petitioner urges the Court to defer the hearing. Hence, the matter is adjourned."

4. Today, when the matter is taken up for final hearing, Mr. Jay Trivedi, learned Assistant Government Pleader has produced a copy of the order of Hon'ble Apex Court in case of State of Gujarat Vs. P.A. Bhatt reported in 2023(0) AIJEL-SC-70850, where the question is now, no more res - integra and the same is covered.

5. It is appropriate to take into account relevant observations of the Hon'ble Apex Court in case of State of Gujarat (supra) whereby after taking into account series of judgment, Hon'ble Apex Court has observed as under:-

"54. Therefore, even while recoginzing the importance of Ayurved doctors and the need to promote alternative/indigenous system of medicine, we cannot be oblivious of the fact that both categories of doctors are certainly not performing equal work to be entitled to equal pay. hence, issue No.2 has to be answered in favour of the appellant-State and against the respondents."

6. In view of the above observations, present petition does not deserve to be entertained and the same is hereby dismissed. Rule is discharged. Interim relief, if any, stands vacated forthwith.