Uttarakhand High Court
WPSB/193/2022 on 18 April, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 18TH DAY OF APRIL, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
AND
HON'BLE SHRI JUSTICE R.C. KHULBE
Writ Petition (S/B) No. 193 of 2022
BETWEEN:
Dr. Mohd. Hasim Ansari & others ...Petitioners
(By Mr. Piyush Garg, Advocate)
AND:
State of Uttarakhand & others ... Respondents
(By Mr. J.C. Pandey, learned Standing Counsel for the State of
Uttarakhand)
This Writ Petition coming on for hearing this day,
Hon'bleShri Justice Manoj Kumar Tiwari, J. delivered the
following Judgment:
JUDGEMENT
1. Petitioners pursued M.B.B.S. Course
from different Government Medical Colleges in
State of Uttarakhand and successfully completed
the said course in different years. All the
petitioners had executed a bond while taking
admission in M.B.B.S. Course that they will serve
in remote inaccessible places of Uttarakhand for
minimum period of five years, for availing benefit
of highly subsidized tuition fee.
2. Learned counsel for the petitioners
points out that without executing such bond,
petitioners would have paid ₹6.00 lacs per annum
as tuition fee, while petitioners paid ₹15,000/- per
annum as tuition fee.
2. Petitioners are serving in different
Government Hospitals/Primary Health Centres in
Uttarakhand as per condition of the Bond executed
by them in favour of the State Government.
3. The grievance raised by petitioners in
the present writ petition is that they are being paid
lesser amount as remuneration as compared to
their regular counterparts, while according to
them, they are entitled to pay/salary admissible to
a Regular Medical Officer, even while serving
under the bond.
4. By means of this writ petition,
petitioners have sought the following reliefs:-
(i) Issue a writ, order or direction in the nature
of mandamus, commanding the respondents
to pay arrears of salary, allowances to the
petitioners for the period they have served
in the remote hilly areas of Uttarakhand, as
was being paid to the regularly appointed
medical officer/permanent medical officer,
working in the government hospitals in
terms of order dated 5.4.2019 passed by
respondent no. 1 (Annexure No. 8 to this
writ petition)
(ii) Issue a writ in the nature of mandamus,
making the relevant service rules of Health
Department applicable to the petitioners.
5. Learned counsel appearing for the
petitioners has placed reliance upon judgment
dated 02.11.2018 passed in WPSB No. 179 of
2018 as well as judgment dated 06.03.2020
passed in WPSB No. 73 of 2020.
6. Since petitioners have sought writ of
mandamus, therefore, this Court thinks that ends
of justice would be met, if petitioners are
permitted to make representation and the
Competent Authority is directed to take decision
on their representation.
6. Accordingly, the writ petition is disposed
of with liberty to petitioners to make joint
representation to Secretary, Medical Health
regarding remuneration. If such representation is
made by petitioners within two weeks from today,
Secretary concerned shall look into the matter and
take appropriate decision, as per law, within six
months from the date of production of certified
copy of this order along with the representation.
(MANOJ KUMAR TIWARI, J.)
(R.C. KHULBE, J.)
Aswal
