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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. NITIN JAMDAR, CJ, MR.JUSTICE BASANT BALAJI, J
Union Territory Of Lakshadweep – Appellant
Versus
Muthukoya P.P – Respondent
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 Tr
The principle of parity in remuneration requires factual evidence of equal work, which was not sufficiently demonstrated by the Respondents.
The principle of equal pay for equal work is complex and requires expert evaluation of job responsibilities and qualifications.
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.
The judgment established that Ayurvedic doctors and allopathic doctors do not perform equal work to be entitled to equal pay.
(1) ‘No work should go unpaid’ should be appropriate doctrine to be followed in these cases where service rendered by respondent doctors have been productive both for patients and also employer.(2) D....
The classification of AYUSH doctors and doctors under Central Health Service in different categories is discriminatory and unreasonable since doctors under both segments are performing the same funct....
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