Manojit Bhuyan, J.

The disparity in remuneration amongst AYUSH Doctors and discrimination in posting out the petitioners to various Sub-Centres of the State, contrary to norms and guidelines, are the primary issues raised in this writ petition. For better appreciation, the following facts are noticed.

2. The National Rural Health Mission (now called National Health Mission), which was introduced in the year 2005, is an umbrella organization aimed at improving the deficiencies in the healthcare delivery system with focus on eighteen States including Assam. The effective healthcare programmes, with focus on the rural population, also include AYUSH, which is an abbreviation for Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy, which together constitutes the Indian System of Medicines. The Department of Indian Systems of Medicines and Homeopathy which was created by the Government of India in March 1995 was renamed as Department of AYUSH in November 2003. For the effective execution of the schemes under the NHM, there is a Memorandum of Understanding, executed by and between the Government of India and the State Government. Basically, the funding of all the key components is by the Government of India.

3. The petitioners herein are serving as Medical Officers (Homeopathy) under NHM and presently posted at various Sub-Centres in the State of Assam. Each of them has requisite qualification as a Bachelor of Homeopathic Medicine & Surgery (BHMS) and is Class-A Homeopathy practitioner registered with the Board of Homeopathy System of Medicines, Assam under the provisions of the Assam Homeopathic Rules, 1958. In the year 2010, the petitioners were appointed on contract basis as Medical Officers (Homeopathy) under the National Health Mission, Assam by orders issued under the hand of the Mission Director, NHM, Assam. On such appointment, they were posted at various Primary Health Centres, Block Primary Health Centres, State Dispensary, Subsidiary Health Centres, Community Health Centres etc., located in the various parts of Assam. For the purpose of employment, each of the petitioners had executed Agreement which defines the terms of their contractual appointment as well as the nature of their jobs and responsibilities as Medical Officers (Homeopathy). Although the period of contractual appointment initially covered a period of six months, they have continued to serve as Medical Officers (Homeopathy) until this date.

4. The bone of contention is that the Medical Officers (Ayurveda), who come from the same stock, are being differently and benevolently put above par than the petitioners herein. Contention advanced is that the Medical Officers (Ayurveda) are persons having Bachelor Degree in Ayurvedic Medicine & Surgery (BAMS) and both the Homeopathic and Ayurvedic Medical Officers constitute one common class of AYUSH Doctors. The modes of appointment of the Medical Officers (Ayurveda) as well as the terms of their contractual employment are governed by the same terms and conditions, as in the case of the petitioners herein. In all, the Medical Officers under the umbrella of AYUSH, be it the Medical Officers (Homeopathy) or Medical Officers (Ayurveda), are one cohesive unit, shorn of any distinctions as regards status, nature of duties, mode of recruitment, minimum educational qualification etc.

5. In so far as the remuneration of the contractual employees under NHM are concerned, the Officer Order dated 11.01.2011 (Annexure P/11), issued from the Office of the Mission Director, NRHM, Assam had prescribed equal remuneration to both the categories. In both cases, the initial pay which stood at Rs.15,000/- per month was revised to Rs.22,000/- per month and same was extended pursuant to the approval given by the Ministry of Health & Family Welfare, Government of India and the State Health Mission. A paradigm shift in the remuneration between the Medical Officers of Homeopathy and that of Ayurveda was brought about by Order dated