The Tribunal reaffirmed the principles of equal pay and fair promotions for Female Multipurpose Health Workers, directing retrospective benefits and structured promotional pathways.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 341/2011 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/566/2022 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “to issue directions to the respondents to remove pay anomalies of Female Multi Purpose Health workers and to place them in the grade of Rs. 4000-6000 at par with Male Multi Purpose Health Worker/Medical Assistants/Dental Assistants/X-Ray Assistants/Laboratory assistants and to place the Female Multi Purpose Health Workers in the same grade of Rs. 4000-6000, as job and responsibility of Female Multi Purpose worker is more serious that the Multi Purpose Health worker, by issuance of writ of mandamus;

b) to issue directions to the respondents to grant time bound promotion to Female Multi Purpose Health workers in the same manner and at part with Male Multi Purpose Health /Medical Assistants/Dental Assistants/X-Ray Assistants/Laboratory Assistants/Basic Health Worker after five years, 10 years and 15 years instead of 9, 18 and 27 years under the provisions of law, by issuance of writ of mandamus.

c) to issue directions to the respondents to fix and release the pay scale of Female Multi Purpose Health Workers in the same grade of Rs. 4000-6000 after training, as has been done in the case of Male Multi Purpose Health Workers, by issuance of writ of mandamus

d) to issue directions to the respondents to promote the Female Multi Purpose Health worker to the post of Health Educator after rendering 8 years service on the same analogy of Male Multi purpose Health worker in the Pay scale of Rs. 5000-8000 and to frame Rules for regulating the promotional avenues in case of Female Multi Purpose Health Workers and to fix 25% quota for promotion of the Female Multi Purpose Health Worker to the next higher post at par with Male Multi Purpose Health Worker/Medical Assistants/Dental Assistants/X-Ray Assistants/Laboratory Assistants/Basic Health Worker, after rendering qualifying service from the date they become eligible for promotion to the next higher grade like Male Multi purpose Health worker/Medical Assistants/Dental Assistants/X-Ray Assistants/Laboratory Assistants/Basic Health Worker or to the next higher post in each cadre of Health Educator, Malaria Inspector or Extension Educator, by issuance of writ of mandamus;

e) to issue directions to the respondents to create the posts of Lady Health Visitor against the post of Lady Health visitor to promote the eligible Female Multi Purpose Health Workers on the basis of their seniority and to pay the grade from the date they have qualified the Lady Health Visitor Departmental Training, by issuance of writ of mandamus;

f) to issue directions to the respondents restraining them to promote any Male Multi Purpose Health Worker to the post of Health Educator or thereafter to the post of community Health officer without considering the case of the petitioners for promotion or without formulating any rules, policy or formulating any promotional avenues or creating any feeding cadre for promotion to the post of Health Educator and to the post of Community Health officer by the Health Department, by issuance of writ of prohibition;

g) to declare the act of the respondents by which the respondents have not removed the pay anomalies of Female Multi Purpose Health Workers and have not placed them in grade of Rs. 4000- 6000 at par with Male Multi Purpose Health Workers and have not placed them in the grade of Rs. 4000-6000 at par with Male Multipurpose Health worker/Medical Assistants/Dental Assistants/X-Ray Assistants/Laboratory Assistants as job and responsibility of Female Multi purpose worker is more serious that the Male Multi purpose Health worker, the respondents have not granted time bound promotion to Female Multi Purpose Health workers in the same manner at par with Medical assistants/ Dental