WPSB/299/2022
2022 Latest Caselaw 1754 UK

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                                  WPSB No.299 of 2022
                                  Shri Manoj Kumar Tiwari, J.

Shri Ramesh Chandra Khulbe, J.

Mr. Vipul Sharma, learned counsel for the petitioners.

Mr. J.C. Pandey, learned Standing Counsel for the State.

Petitioners are serving on contract basis as medical officer in District Pithoragarh.

By means of this writ-petition, petitioners have sought the following relief:-

(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 officers/ permanent medical officers, working in the government hospitals in terms of order dated 05.04.2019 passed by respondent no.1 (Annexure No.8 to the writ petition).

(ii) Issue a writ in the nature of mandamus, directing the respondents to the relevant service rules of Health Department applicable to the petitioners as are applicable to other regular doctors in the State Cadre.

It is not in dispute that the petitioners received medical education on a subsidized fee after executing a bond that they will render minimum five years' service in remote hilly areas of Uttarakhand State. In terms of the bonds, petitioners were offered appointment on contract and they are presently serving in District Pithoragarh.

It is the contention of petitioners that since petitioners are discharging the same duties as any regular medical officer, they are entitled for equal pay for equal work.

Learned counsel for the petitioners has placed reliance on the judgment rendered by the Co-ordinate Bench of this Court in WPSB No.73 of 2020. By the said judgment, similarly situated persons were permitted to make a representation to the State Government and the State Government was directed to examine the matter, as per law.

Mr. Vipul Sharma, learned counsel appearing for the petitioners confined his submission that the petitioners may be permitted to make a representation in the light of the aforesaid judgment dated 06.03.2020 and the competent authority be directed to take decision accordingly.

In view of the above, the writ-petition is disposed of with liberty to writ-petitioners to make fresh representation within two weeks from today to the Secretary, Medical Health & Family Welfare, Govt. of Uttarakhand for the same salary as being paid to the regular medical officers. If petitioners make such a representation within two weeks from today, the decision thereupon shall be taken within four months thereafter.

(R.C. Khulbe, J.) (Manoj Kumar Tiwari J.) 13.06.2022 BS/SS