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B.VIJAYSEN REDDY
Mohd. Ibrahim – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary Health, Medical and Family Welfare Department – Respondent
ORDER :
This writ petition is filed questioning the action of respondent No.1 - the State of Telangana, represented by its Principal Secretary, Health, Medical and Family Welfare Department, Hyderabad, in not issuing orders for enhancement of stipend to the petitioners, who are House Surgeons and Post Graduate students of AYUSH Institutions from the year 2016 onwards on par with the allopathic institutions who are accorded sanction of enhancement of stipend vide G.O. Ms. No.88 dated 18.05.2021 as being illegal, arbitrary and unconstitutional.
2. Heard Ms. Tasleem Fatima, learned counsel, representing Mr. Mohammad Abdul Quayam, learned counsel for the petitioners, and learned Government Pleader for Medical and Health for the respondents, and perused the material on record.
3. The petitioners are stated to be Post Graduate Doctors and House Surgeons of AYUSH Department and had been rendering services in different hospitals. Vide G.O. Ms. No.219, Health, Medical and Family Welfare (R1) Department, dated 26.07.2004, respondent No.1 has accorded sanction for enhancement of stipend with effect from 01.01.2002 to 31.12.2003 and from 01.01.2004 to 31.12.2005 to the Internees, Post Graduate st
Pay scale – Nature of duties discharged by Post Graduate students in Ayurveda stream is not the same as that of Post Graduate students undertaking therein education in Allopathy stream.
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 court emphasizes the principle of equal treatment and directs the State Government to consider increasing stipend for PG students in Ayurveda in line with previous judgment and recommendation.
PG students in Ayurveda are entitled to equal stipends as those in Allopathy, and the State must consider representations based on prior judgments and recommendations.
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....
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