HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.27684 of 2023

ORDER:

Heard Sri E. Venkata Siddhartha, learned counsel appearing on behalf of petitioners and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of I ndia, appearing on behalf of respondent Nos. 1 to 8.

2. The petitioners approached this Court seeking the prayer as under:

“…to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring inaction of the Respondents more particularly Respondent Nos.2 to 8 in not considering the circular issued by the Respondent No.2 and in not paying the monthly stipend/Salary to the petitioners as per circular vide No.2018/H/2-1/2(Policy)/Pt 1, dated 21.01.2019 with pay of 7^th Central Pay Commission (CPC) issued by Respondent No.2 as illegal, arbitrary, violates Articles 14 and 21 of the Constitution of India and beside violates the principals of natural justice and consequently direct the Respondent Nos.2 to 6 to pay monthly stipend/Salary to the petitioners as per circular vide No.2018/H/2-1/2(Policy)/Pt 1, dated 21.01.2019 with pay of 7^th Central Pay Commission (CPC) issued by Respondent No.2 along with arrears as per a revised pay scale and pass...”.

3. The case of the petitioners, in brief, is that the petitioners are qualified doctors, being DNB trainees having qualified and working as Junior Residents/Diplomat of National Board (DNB) trainees of South-Central Railway Central Hospital, South-Central Railways under the management and control of South Central Railways i.e. Respondent No.7. Respondent No.5 issued a Circular dated 13.05.2011 to pay salary to Junior Residents for rendering full service as doctor and not “Stipend” for DNB Course. The petitioners are receiving the stipend/salary as per the 6^th Central Pay Commission (CPC) but the said Circular clearly states that the stipend/salary payable to the Junior Residents/Senior Residents engaged in Railway Hospitals may be revised provisionally as per 7^th Central Pay Commission by placing them in Level-10 and Level-11 of Pay Matrix, but the respondent Nos.2 to 8, without considering the circular issued by respondent No.1 are paying the salaries as per 6^th Central Pay Commission (CPC) which is illegal and arbitrary. The petitioners further case is that they are engaged as Junior Residents as DNB trainees from 2022 and there shall be no discrimination of pay in certain section as the eastern Railways in West Bengal and Southern Railways DNB Trainees are paying as per 7^th Central Pay Commission (CPC). The petitioners have addressed a representation to the respondent Nos. 2, 7 and 8 but they have not considered the same. The petitioners are entitled to be paid as per the revised pay scale as per Circular No. 2018/ H/2-1/2 (Policy)/Pt 1, dated 21.01.2019, but the said circular guidelines had not been implemented as on date in respect of the petitioners herein. Aggrieved by the same, the petitioners approached the Court by filing the present writ petition.

PERUSED THE RECORD

4. The Proceedings vide No.2018/ H/ 2-1/ 2(Policy)/ Pt 1 dated 21.01.2019 of the Government of I ndia, Ministry of Railways (Railway Board), Clause-2 is extracted hereunder:

“2. Stipend payable to JRs/ SRs engaged in Railway Hospitals under the aforesaid scheme may be revised provisionally as per 7^Th CPC by placing them respectively in Level-10 & Level-11 of the pay matrix. This revision is provisional pending any final modification of instructions contained in MoH & FW’s letter No.U.11014/ 1/ 2008-ME(P.11) dated 01.10.

2008 and 08.10.2008”.

5. The learned counsel appearing on behalf of the petitioners submits that the proceedings dated 21.01.2019 issued by the Government of India, Ministry of Railways (Railway Board) has been implemented with respect to the Junior Residents and DNB trainees of Eastern Railways in West Bengal and Southern Railways. However, the said proceedings had not been implemented by the State of Telangana as on date.

6. The learned Deputy Solicit