JUDGMENT :

(Ujjal Bhuyan, J.)

1. Heard Ms. Vachepally Usha, learned Assistant Government Pleader attached to the office of learned Additional Advocate General for the appellants and Ms. Tasleem Fatima, learned counsel appearing for respondents No.1 to 148/writ petitioners.

2. Appellants before us are the State of Telangana in the Health, Medical and Family Welfare Department and its officials.

3. This writ appeal is directed against the order dated 21.01.2022 passed by the learned Single Judge allowing W.P.No.18828 of 2021 filed by respondents No.1 to 148 as the writ petitioners.

4. Respondents No.1 to 148 had filed the related writ petition taking exception to the action of the appellants in not enhancing the stipend paid to them as House Surgeons and Post Graduate students of AYUSH Institutions from the year 2016 onwards at par with House Surgeons and Post Graduate students in Allopathic Institutions under the State of Telangana.

5. It was contended that House Surgeons and Post Graduate students of modern medicine in Allopathic Institutions were sanctioned enhanced stipend vide G.O.Ms.No.88, dated 18.05.2021. Learned Single Judge summed up the grievance of the writ petitioners in the following manner:

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 ha