JUDGEMENT :

Heard Mr. B. Sinha, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned counsel for the Health Department and National Health Mission (in short, NHM). Mr. K.K. Parasar, CGC appears for the respondent No.5.

2. The grievance of the petitioners is that while the NHM has engaged Allopathic and Ayurvedic doctors under the NHM on contract basis, the fixed pay given to the Allopathic doctors is higher than that given to the Ayurvedic doctors.

3. The petitioners’ counsel submits that as the job responsibility of the Medical Officers (Ayurvedic) under the NHM is identical with that of the job responsibility of the Medical Officers (Allopathic), the fixed pay given to the Medical Officers (Ayurvedic) would have to be the same as that given to the allopathic doctors, as that would be in consonance with the doctrine of equal pay for equal work.

4. The petitioners’ counsel, in support of his submission that Allopathic and Ayurvedic doctors are having identical responsibilities and duties, has referred to the terms of reference for Medical Officers (Ayurvedic) and the terms of reference for Medical Officers (MBBS), which is at Annexure-7 & 8 of the writ petition.

5. The