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S. M. SUBRAMANIAM
N. Savithri – Appellant
Versus
Principal Secretary, Department of Health and Family Welfare, Chennai – Respondent
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 Sche
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 ....
Point of Law : Fixing pay scales by Courts by applying the principle of equal pay for equal work upsets the high Constitutional principle of separation of powers between the three organs of the State....
Point of Law : A mere direction of Supreme Court without laying down any principle of law is not a precedent - It is only where Supreme Court lays down a principle of law that it will amount to a pre....
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....
The main legal point established in the judgment is the applicability of the principle of 'equal pay for equal work' to temporary employees, emphasizing that employees engaged in the same work should....
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....
Contractual staff performing identical work as regulars entitled to minimum pay scale (Basic Pay + DA); other allowances stayed pending Supreme Court decision on equal pay principle.
The principle of equal pay for equal work is complex and requires expert evaluation of job responsibilities and qualifications.
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