2016 Supreme(Raj) 1227
IN THE HIGH COURT OF RAJASTHAN
Jaishree Thakur, J.
Anand Purohit and Ors. – Petitioners
Versus
State of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 8988, 9332, 9333, 9615 of 2014
Decided On : 19-05-2016
For the Petitioners: Mr. B.S. Sandhu
For the Respondent: Ms. Shweta Bora, Mr. Anil Bissa
Headnote:Constitution of India, 1950- Articles 226 and 14- Entitlement of parity in pay and remuneration - State a Model employer is expected to act fairly without any discrimination or arbitrariness in treating its employees - If policy or any action of Government, even in contractual matters, fails to satisfy test of reasonableness, it would be unconstitutional - Petitioners discriminated upon by State in not getting same benefits of enhanced remuneration which has been given to persons who are employees under same employer and under same scheme, though in different cadre - Action of ignoring their claim is violative of Article 14 of Constitution of India- All set of employees have to be treated by same yardstick - Discrimination has not been explained nor does it stand test of reasonableness - Petition allowed.
Jaishree Thakur, J.
In all these writ petitions similar question is involved, therefore, they are being disposed of by this common order. For the sake of convenience, facts of S.B.Civil Writ Petition No. 8988/2014 are taken.
2. The present writ petition has been filed under Article 226 of the Constitution of India for a direction to be issued to revise and enhance the remuneration of petitioners appointed under National Rural Health Mission Scheme (for short 'NRHM Scheme'), to give increment upon the remuneration of the petitioners as per the terms of the contract along with arrears after revision of the pay, as has been enhanced to various employees appointed on contract basis vide order dated 10.12.2010 (Annex.9).
3. The petitioners hereby came to be appointed under the National Rural Health Mission, which is a scheme for ensuring effective health care. The said NRHM provides broad operational framework for health sector. That the main goal of the mission is for reducing infant mortality rate and maternal mortality ration, universal access to public health such as woman health and child health, water, sanitation etc. For the implementation of the scheme, there are two divisions, one is the para-medical side and another is the non-para medical side on the administrative side. Under the non-paramedical side, the scheme is implemented thorough three tire system starting from the Block level of the Panchayat to the State level. At the Block level, Units are Block Level Program Management Units (for short 'BPMU'), at the District level, the Unit is District Programme Management Unit (for short 'DPMU') and at the State level, the Unit is State Programme Management Unit (for short 'SPMU)'.
4. The petitioners applied under the said scheme and came to be appointed as an Accountant at various Primary Health Centers and various block level. They were appointed on contract basis and an agreement was executed between the petitioners and the respondents. The agreement was executed for two years for a consolidated remuneration of Rs. 8000/- per month with a condition that same can be increased by 10% per annum on preceding years package amount for ensuing year on the appraisal report. The agreement entered into with the State Government was subsequently extended upto 31.8.2012 and by an order dated 13.8.2012, the agreement was extended up-till 31.3.2013 or till regularly selected candidates are appointed. The petitioners continue to work as per the agreement entered into with the same remuneration as given to them at the time of their initial appointment. The posts under DPMU, BPMU and SPMU were made on contractual basis through a common advertisement that was issued with the identical terms and conditions, other than the remuneration. In the year 2010, the remuneration of the posts covered under the SPMU and DPMU was increased along with increments but was done for mostly managerial positions. The petitioners were working under BPMU, have been denied equal enhancement of remuneration, nor had they been given regular 10% increment under the terms of the contract. Aggrieved against the denial of enhancement and revision of pay or salary, several representations were moved to the department, either individually or through Union, but no heed has been paid, therefore, the present writ petition has been filed.
5. Mr. B.S. Sandhu, learned counsel appearing on behalf of the petitioners submits that all posts under DPMU, BPMU and CPMU are filled on contract basis and identical agreement is executed between the candidates and the respondent and the condition of the agreement provides for increment at the rate of 10% per annum. It is submitted that others appointed through the same advertisement but at the managerial posts, have been given regular increments and by order dated 10.12.2010, pay stands also revised, which has not been done in the case of the petitioners. It is contended that the petitioners' salary ought to be revised by giving parit