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 students, House Surgeons of Indian Medicines and Homeopathy Department at 15% on par with the Allopathic Department. The Government continued to enhance the stipend to the Internees, Post Graduate Degree and Diploma students of Medical Colleges including those of Dental Colleges and Post Graduate students of Super Specialities at 15% once in every two years and during the year 2007, the Government has issued G.O. Ms. No.51 dated 09.02.2007 enhancing the stipends in respect of House Surgeons and Post Graduate students of AYUSH Institutions on par with the Allopathic Department with immediate effect.

4. Subsequently, upon request made by respondent No.3 - the Deputy Director, Department of AYUSH, Hyderabad, for enhancement of stipend to House Surgeons and Post Graduate students of AYUSH Department with effect from 01.01.2008 on par with the Allopathic Department, G.O. Ms. No.65 dated 05.03.2008 and G.O. Ms. No.77 dated 02.03.2009 were issued for payment of stipends to the House Surgeons and Post Graduate students of AYUSH Institutions at the enhanced rates i.e., 15% on par with the Internees and Post Graduate students of Allopathic Departments with effect from 01.01.2008.

5. It is submitted that the petitioners had been receiving the stipend irregularly until the Commissioner of AYUSH, Telangana, Hyderabad, requested the Government for enhancement of stipend to the House Surgeons and Post Graduate students of AYUSH Department on par with the House Surgeons and Post Graduate students of Allopathic Department with effect from 01.01.2012. In pursuance thereof, the Government issued G.O. Ms. No.152 dated 03.11.2016 enhancing stipends to the House Surgeons and Post Graduate students of AYUSH Institutions on par with the House Surgeons and Post Graduate students of Allopathic Institutions with effect from 01.01.2014. However, the petitioners have been receiving the stipend irregularly till now without any enhancement.

6. The petitioners submit that in terms of G.O. Ms. No.219 dated 26.07.2004, they are entitled to get stipend at 15% enhancement once in every two years but the Government vide G.O. Ms. No.152 dated 03.11.2016 enhanced the stipend till 2016 and later for the reasons best known to them, did not enhance the stipend in spite of repeated requests. It is the case of the petitioners that Allopathic Institution doctors had been receiving enhanced stipend at 15% for every three years as their stipend was enhanced for the year 2016 and 2018 but enhancement for AYUSH Institutions is pending since 2014 onwards and the Government is not taking any action. A representation has been submitted by the House Surgeons and Post Graduate students of AYUSH Department for enhancement of stipend which is pending in File No.4631/E2/2018.

7. Thereafter, respondent No.4 addre