Kh. Nobin Singh DECISION
Kh. Nobin Singh, J.
1. Heard Ms. Th. Babita, learned counsel appearing for the petitioners; Shri K. Jagat, learned Government Advocate for the State respondents and Shri S. Vijayanand, learned Senior panel counsel for the Union of India.
2. By the instant writ petition, the petitioners have prayed for issuing a writ of mandamus to maintain a parity of pay between the AYUSH doctors and the allopathic doctors working in the State Health Mission Society, Manipur under the NRHM on the principle of 'equal pay for equal work'.
3.1 Facts and circumstances as narrated in the writ petition, are that the National Rural Health Mission (hereinafter referred to as "the NRHM") was launched in the month of April, 2005 by which an innovative concept of mainstreaming AYUSH (an acronym of six Indian System of Medicine, say, Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy prevalent and practiced in India) was developed and introduced into the health care system by collocating AYUSH doctors along their counter parts of allopathic doctors at various health facility centres, say, District Hospitals, Community Health Centres, Primary Health Centres etc. in the country. The NRHM was implemented in all the States and Union Territories of India by establishing State Health Mission Societies under the aegis of Health and Family Welfare Departments of the respective States and Union Territories with the Central funding from the year, 2006. In the State of Manipur, the Director of Family Welfare Services, Manipur, at the relevant point of time, was the Mission Director of the State Health Mission Society, Manipur.
3.2 An Advertisement dated 19.06.2006 was issued by the State Mission Director/the Director (FW), Government of Manipur inviting applications from amongst the eligible candidates for appointment to various posts including AYUSH doctor and in response thereto, the petitioners applied for it and on the recommendation of the DPC, the petitioners were appointed as AYUSH doctors on contract basis for a period of 11 months at a consolidated pay of Rs. 15,000/- vide orders dated 27.10.2006 and 14.12.2007 under the State Health Mission Society, Manipur. The period of their appointment on contract basis was extended from time to time and the petitioners are still continuing in that capacity. As per the Advertisement, the consolidated pay of both the AYUSH doctors with degree in AYUSH and the allopathic doctors with MBBS was fixed equally at Rs. 15,000/- p.m. and a consolidated amount of Rs. 18,000/- in respect of Physicians with MD/DNB; Surgeons with MS/DNB; Obst & Gynae with MD/MS/DNB/DGO; Pediatrician with MD/NDB/DCH; Anesthetist with MD/DNB/DA Public Health Specialist with MD/DPH/DNB and AYUSH Specialist with PG Degree in AYUSH. The Memorandum dated 25.05.2009 also clearly shows that the AYUSH doctors and the Allopathic doctors were given the same consolidated pay under the State Health Mission Society, Manipur without any disparity in pay/honorarium between the doctors of the two streams. The medical officers of both the AYUSH and the allopathic streams, working in State Health Mission Society, Manipur under NRHM, perform or render the same or similar work.
3.3 Being apprehensive of a decision being taken as regards the disparity in pay, the All Manipur AYUSH Doctors Association, Manipur submitted a Memorandum dated 13.03.2010 to the Hon'ble Union Minister of Health and Family Welfare, Government of India, with copies endorsed to the concerned authorities, requesting him to maintain parity of pay of AYUSH doctors with that of allopathic doctors working under the NRHM, Manipur. On receipt of a copy of the representation, the Hon'ble Chief Minister, Manipur, in its UO note dated 12-04-2010, informed the Chief Secretary, Manipur to put up the matter before the Governing Body, NRHM for consideration. On 14-06-2010, ........