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NELSON SAILO
Pradip Kr. Sarkar S/o Shri Kandu Lal Sarkar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Ms. R. Kakoti, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Standing Counsel National Health Mission (NHM) for all the respondents.
2. The case of the petitioners is that they have been working as Dental Surgeon (BDS) under the Mission Director, National Rural Health Mission, now National Health Mission (NHM) and likewise, there are a number of Medical Officers (MBBS) working under the same establishment. The petitioners contend that the respondent authorities have failed to maintain parity in pay structure between BDS and MBBS. Initially, both the categories of Doctors were paid a remuneration of Rs. 18,000/- per month while Medical Officers (Ayurvedic), Medical Officers (Homeo) were getting Rs. 15,000/- per month. After a few months, the remuneration in respect of MBBS was increased to Rs. 25,000/- and later vide Notification dated 11.01.2011 to Rs. 35,000/- per month. By the same notification, the remuneration of BDS was fixed at Rs. 29,000/- per month and that of Medical Officers (Ayur) and Medical Officers (Homeo) at Rs. 22,000/- per month. Again, by a subsequent N
The principle of equal pay for equal work is complex and requires expert evaluation of job responsibilities and qualifications.
The principle of parity in remuneration requires factual evidence of equal work, which was not sufficiently demonstrated by the Respondents.
The main legal point established in the judgment is the distinction between regular AYUSH Medical Officers appointed in sanctioned posts and contract AYUSH Medical Officers appointed under a special ....
Pay scales and post classification are executive's exclusive domain; courts refrain from equating posts absent grave error proof. Equal pay demands identical duties/responsibilities, not just qualifi....
Pay scale – Nature of duties discharged by Post Graduate students in Ayurveda stream is not the same as that of Post Graduate students undertaking therein education in Allopathy stream.
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