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SARAL SRIVASTAVA
Rajesh Pandey – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges benefit denial under s.a.c.p. (Para 2 , 3) |
| 2. equivalence of duties between doctors of two services. (Para 4 , 7 , 13) |
| 3. differentiation in service conditions impacts rights. (Para 5 , 6 , 10) |
| 4. legal arguments cite equality under article 14. (Para 12 , 15 , 18) |
| 5. arguments for equality and similarity in duties. (Para 14) |
| 6. court's observations on duty comparisons and article 14. (Para 16 , 19) |
| 7. writ petition allowed; equal treatment mandated. (Para 20) |
JUDGMENT
Saral Srivastava, J.
Heard Sri R. C. Singh, learned Senior Counsel assisted by Sri N. D. Shukla, learned counsel for the petitioner and Sri R. S. Umrao, learned Standing Counsel for the State-respondents.
2. The petitioner by means of present writ petition has assailed the order dated 25.10.2019 passed by Principal Secretary, Department of Labour- respondent No.1 rejecting the representation for grant of benefit of Special Assured Career Progression (for short 'S.A.C.P.') Scheme which has been made applicable for the doctors of Provincial Medical Health Service (hereinafter referred to 'P.M.H.S.'). Further direction has been sought to the respondent to extend the benefit of S.A.C.P. to
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 ....
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....
(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 Dynamic Assured Career Progression Scheme must consider prior service for promotion, and the promotion date should reflect actual service milestones rather than the scheme's effective date.
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