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 program, emphasizing the differences in working hours, duties, and responsibilities.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for records pertaining to the order in Na.Ka.No.412/Thival/2018-2 dated 15.10.2018 on the file of the 2nd respondent and quash the same and consequently direct the respondents to comply with the principle of 'equal pay for equal work' and grant regular pay scale of Rs.56,100-1,05,000 or any other present regular pay scale at par with the other government AYUSH Medical Officers with effect from the date of appointment.)

Common Order

1. The writ petitions have been filed questioning the validity of the order of rejection, rejecting the claim of the writ petitioners for grant of 'equal pay for equal work' on par with the regular Doctors working in the cadre of Medical Officers in the Department of Health and Family Welfare.

2. The petitioners are qualified Doctors working in Primary Health Centres and they were appointed on contract basis for a period of 11 months under the Government of India Scheme for the improvement of Health Care Centres in Rural Areas. The Scheme is called as National Rural Health Mission (NRHM) Schemes. According to the NRHM Scheme, the Union Government provided funds to the State Government for the appointment of the Health Care professionals like Medical Officers, Staff Nurses, and Pharmacists etc. The State Government represented through the 1st respondent / Department of Health and Family Welfare will appoint the Health Care professionals in the services of the State Government. The petitioners were appointed pursuant to the said NRHM Scheme on contract basis for a period of about 11 months initially.

3. The learned counsel for the petitioner made a submission that the services of the writ petitioners were continued and the contract period was periodically extended by the respondents and they are working to the satisfaction of their Superiors.

4. The grievances of the writ petitioners are that the petitioners are working as AYUSH Medical Officers on contract basis. The period of contract was being renewed continuously, while so, the petitioners are being paid consolidated pay salary instead of the regular time scale of pay on par with the Medical Officers working in the Department of Health and Family Welfare.

5. Mr.Muhilan, learned counsel for the petitioner strenuously contended that the principles of 'equal pay for equal work' is to be applied with reference to the facts and circumstances of the present writ petitions and accordingly, the petitioners, who all are employed as AYUSH Medical Officers are entitled for the salary on par with the Medical Officers, who all are serving as Medical Officers in the Department of Health and Family Welfare. Since the benefit for 'equal pay for equal work' has not been granted, the petitioners submitted representations to the authorities and the said representations were rejected and thus, the petitioners are constrained to move the present writ petitions.

6. The learned Special Government Pleader appearing on behalf of the respondents objected the said contentions by stating that the petitioners were appointed on contract basis under NRHM Scheme. They were not appointed in a sanctioned post in the time scale of pay. The initial appointment of the writ petitioners as contract Doctors were not made through the Recruitment Rules in force. Thus, they have no right to compare the regular Doctors, who were appointed in accordance with the Recruitment Rules in force as Medical Officers on permanent basis. Thus, the petitioners are not equal in respect of the other regular Doctors, who all are appointed in the sanctioned post in accordance with the Recruitment Rules in force.

7. Regarding the nature of the scheme and the nature of contract appointment, the respondents have stated that the Central Government with an eye to eradicate the dangerous diseases and to strengthen health care systems prevalent in the States / Union Territories, formula