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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Prem Parkash Anand – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
By this order, this Court shall dispose of both the aforesaid petitions, as common questions of law are involved therein. To avoid repetition, the facts are being taken from CWP-786-2022.
Prayer
1. The jurisdiction of this Court has been invoked under Article 226/227 of the Constitution of India for issuance of writ in the nature of certiorari to quashing of the order dated 29/08/2014 Annexure P-2 vide which the respondent granted the benefit of 3rd ACP to the ayurvedic/unani medical officers prospectively not from the date when ACP Rule 2008 come into the force i.e 01.01.2006. Further prayer of mandamus directing to the respondents to grant the benefit of 3rd ACP to the ayurvedic/ unani medical officers from the date when ACP Rule 2008 come into the force i.e 01.01.2006 instead of the date of issue of letter i.e. 29/08/2014 Annexure P-2, with 18% interest be also revised from due dates for all intents and purposes.
The Conspectus of Facts
2. The petitioner was appointed as an Ayurvedic/Unani Medical Officer in the Department of AYUSH, Haryana on 15.04.1982 through a regular process of selection. The petitioner served continuously on the posts of Ayurvedic
Statutory regularisation requires that service benefits, including pension and ACP, must be calculated from the date of initial appointment, reinforcing equality rights and preventing discrimination.
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 denial of S.A.C.P. benefits to doctors under the Employees State Insurance Scheme violated Article 14 of the Constitution, as they perform the same duties as their counterparts in the Provincial ....
(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....
Recovery – Withdrawal of personal/promotional pay scale without due entitlement is justified.
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