The principle of parity in remuneration requires factual evidence of equal work, which was not sufficiently demonstrated by the Respondents.

JUDGMENT :

NITIN JAMDAR, C.J.

This petition is filed by the Union Territory of Lakshadweep, challenging the order passed by the Central Administrative Tribunal dated 11 May 2022, allowing the Original Application No.143 of 2021 filed by the Respondents. The Respondents have filed the Original Application seeking a declaration that they are entitled to the enhanced rate of monthly remuneration at the rate of Rs. 65,000/- with effect from 1 November 2017 and also enhancement of the monthly remuneration at par with General Duty Medical Officers with effect from 10 July 2019.

2. The Respondents were appointed pursuant the employment notice issued by the Lakshadweep Administration on contractual basis as Medical Officers, Ayurveda and Homeopathic. The Respondents’ grievance was that the monthly remuneration of the General Duty Medical Officers and Dental Surgeons was enhanced to Rs. 65,000/-, however, the monthly remuneration of the Respondents was not increased correspondingly, even though the post was comparable and claimed with General Duty Medical Officers on the ground that the work done by them is identical to that of the General Duty Medical Officers.

3. The Central Administrative Tribunal, by the impugned order, accepted the contention of the Respondents based on parity and held that the Respondents are entitled to be treated on par with Allopathic Medical Officers and Dental Medical Officers. On the question of liability of payment of the increased allowances, the Petitioner Administration took a stand that the payment has to be made by the Central Government under the National Health Mission. While the stand of the Central Government was that it is for the Administration of Union Territory to decide the quantum of remuneration and find funds to meet the burden of enhanced remuneration, if any. The Tribunal, by the impugned judgment, directed the Petitioner Administration to pay the enhanced compensation at the rate of Rs. 65,000/- to the Respondents Ayush Medical Officers and dues from 1 November 2017 with interest at the rate of 7.5% if the amount was not paid within four months. Being aggrieved by this direction, the Petitioner Administration has filed this petition.

4. The petition was admitted on 25 November 2022 and interim order was granted staying the operation and execution of the order of the Tribunal.

5. Heard Mr. K.S. Prenjith Kumar, learned Central Government Counsel, Ms. Rekha Vasudevan, learned counsel appearing for Respondent Nos.1 to 7 and Mr. Sajith Kumar V., learned Deputy Solicitor General of India appearing for Respondent No.8.

6. Reply affidavit is filed on behalf of the Union of India placing reliance on the recent decision of the Hon’ble Supreme Court in the case of State of Gujarat & Ors. v. Dr. P.A. Bhatt & Ors. Civil Appeal Nos.8553-8557 of 2014 rendered on 26 April 2023. It is stated in paragraph Nos.10 and 11 as under:

“10. It is pertinent to mention that Hon’ble Supreme Court of India in the matter of State of Gujarat & Ors v. Dr. P.A. Bhatt & Ors. Civil Appeal Nos.8553-8557 of 2014, decided on 26.04.2023 , while adjudicating upon the issue regarding the treating degree of BAMS (Bachelor of Ayurved in Medicine and Surgery) at par with the doctors holding MBBS degrees and their entitlement to the benefits of the recommendations of the Tikku Pay Commission, the apex court held that:

“Therefore, we have no doubt that every alternative system of medicine may have its pride of place in history. But today, the practitioners of indigenous systems of medicine do not perform complicated surgical operations. A study of Ayurved does not authorise them to perform these surgeries.

Similarly, a post-mortem or autopsy is not carried out by/in the presence of Ayurved doctors. Section 174 of the Code of Criminal Procedure, 1973 deals with the procedure for the police to inquire and report on suicide, etc. Sub-section (3) of Section 174 mandates that the police officer shall, subject to such rules as the State Government