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2019 Supreme(UK) 244
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAMESH RANGANATHAN, N.S. DHANIK, JJ.
Dr. Pooja Srivastava & Others - Petitioners
Versus
State of Uttarakhand & Another - Respondents
Writ Petition (S/B) No. 238 of 2018
Decided On : 20-03-2019
For the Petitioners:Mr. Vinay Kumar, Advocate.
For the Respondents: Mrs. Prabha Naithani, Brief Holder.
Completing 5 years of service is crucial in claiming parity with others who received enhanced benefits.
Headnote:
Government Order - Homeopathic Medical Officers - Government Order No. 15 dated 28.01.2015 - Summary: The court discussed the Government Order No. 15 dated 28.01.2015, which sanctioned enhanced honorarium for Homeopathic Medical Officers working on contract basis under the National Health Mission scheme. The court considered the disparity in honorarium between officers appointed in different years and emphasized the importance of completing 5 years of service to claim parity with those who received the enhanced honorarium.
Fact of the Case:
The petitioners sought a mandamus to grant them the benefit of Government Order No. 15 dated 28.01.2015, which sanctioned enhanced honorarium for Homeopathic Medical Officers working on contract basis under the National Health Mission scheme.
Finding of the Court:
The court found that the petitioners, who had not completed 5 years of service, were not entitled to the relief sought for and dismissed the writ petition.
Issues: The main issue was the disparity in honorarium between Homeopathic Medical Officers appointed in different years and whether the petitioners were entitled to claim parity with those who received the enhanced honorarium.
Ratio Decidendi: The court held that completing 5 years of service was a crucial factor in claiming parity with Homeopathic Medical Officers who received the enhanced honorarium, and the petitioners, having completed only two years of service, were not entitled to the benefit.
Final Decision: The writ petition was dismissed, and no costs were imposed. The court stated that the petitioners could request the State Government for a similar benefit after completing 5 years of service.
RAMESH RANGANATHAN, J.
1. The relief sought for in the writ petition is for a mandamus directing the respondents to grant the benefit of the Government Order No. 15 dated 28.01.2015 issued by the Principal Secretary, AYUSH and AYUSH Education, Government of Uttarakhand, whereby the Homeopathic Medical Officers working on contract basis in the State, under the National Health Mission scheme of the Government of India, were sanctioned Rs. 10,000/- per month as enhanced honorarium by the State Government.
2. Facts, to the limited extent necessary, are that pursuant to the advertisement issued by the Director, Homeopathic Medical Services, Uttarakhand on 05.11.2015, for appointment as Homeopathic Medical Officer on contract basis under the National Health Mission run by the Government of India in the State of Uttarakhand, 13 posts of Homeopathic Medical Officers were advertised of which 12 posts were under the Health Mission, and 01 post for female Homeopathic Medical Officer was under RCH. The advertisement stipulated that posting would be given, under the National Health Mission, on contract basis on fixed honorarium. Clause 7 of the said advertisement stipulated that the honorarium would be Rs.24,000/- per month. Pursuant to the said advertisement, the petitioners were selected and appointed as Homeopathic Medical Officers, and were posted at different Community Health Centers/Primary Health Centers. The said appointment orders were issued in their favour on 10.03.2016. Consequent thereto, the petitioners are now working on a monthly honorarium of Rs. 24,000/- per month.
3. It is the petitioners’ case that, on 20.04.2017, the Director Homeopathic Medical Services requested the Secretary, AYUSH and AYUSH Education seeking enhancement of the honorarium of the Medical Officers appointed on contract basis under the National Health Mission Scheme of the Government of India. The said communication referred to Government Order No. 15 dated 28.01.2015, whereby the State Government had approved honorarium of 18 Homeopathic Medical Officers, working on contract basis in the State of Uttarakhand under the NRHM scheme, from Rs. 26,400/- per month to Rs. 36,400/- per month.
4. The petitioners’ complaint in this writ petition is that, while the 18 medical Officers appointed in the year 2010-11 were getting additional honorarium of Rs. 10,000/- per month, the 10 Medical Officers, appointed in the year 2016 on contract basis, were only getting honorarium of Rs. 26,400/-; and they were not sanctioned additional honorarium of Rs. 10,000/- by the State Government. They have, therefore, invoked the jurisdiction of this Court seeking a writ of mandamus directing the respondents to extend them the benefit of Government Order No. 15 dated 28.01.2015.
5. In the counter affidavit, filed on behalf of the second respondent, it is stated that the petitioners’ were appointed as Homeopathic Medical Officer on their having accepted the terms and conditions stipulated in the advertisement, and on their having participated in the selection process; 18 contractual Homeopathic Medical Officers, who had completed 5 years continuous service on a monthly honorarium, had sought enhancement of the honorarium; considering their 5 years satisfactory service, and in order to protect them against inflation, Government Order No. 15 dated 28.01.2015 was issued by which honorarium had been increased from Rs. 26,400/- to Rs. 36,400/-; the increased honorarium was in relation to 18 Homeopathic Medical Officers who were all appointed in the year 2011; this benefit was extended to them considering their 5 years satisfactory service; and the petitioners cannot claim parity with them.
6. As noted hereinabove, the petitioners’ claim the benefit of Government Order No. 15 dated 28.01.2015 which was issued nearly ten months prior to the date on which an advertisement was issued on 05.11.2015 inviting applications from eligible candidates. Clause 7 of the said advertisement, as n
