)CTC512 , 2024 GLH(1 )138 , (2023 )3 GLR2253 , 2023 INSC 434 , 2023 LabIC2165 , (2023 )II LLJ566 SC , 2023 (6 )MhLj708 , 2023 (4 )MPLJ538 , [2023 ]5 SCR301 , ,MANU/SC/0461/2023
V. Ramasubramanian#Pankaj Mithal#25SC3020Judgment/OrderAIR#CTC#GLH#Gujarat Law Reporter#INSC#LabIC#LLJ#MANU#MhLJ#MPLJ#SCRV. Ramasubramanian,SUPREME COURT OF INDIAAd Hoc Basis#Administrative#Administrative Tribunal#Age of Retirement#Allowance#Cadre#Constitutional Obligation#Contempt#Discharge#Discrimination#Discriminatory#Disobedience#Emergency#Employee#Equal Pay for Equal Work#Final Judgment#Fundamental Distinction#Fundamental Principle#Interim Order#Liberty#Qualification#Recommendation#Scale of Pay#Service Condition#Special Leave Petition#Superannuation2023-4-2716910,17060,16912,16939,16600,16602 -->
MANU/SC/0461/2023
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 8553-8557 of 2014, Contempt Petition (Civil) No. 701 of 2017 in Civil Appeal No. 8556 of 2014 (Arising out of Civil Appeal Nos. 8553-8557 of 2014), Contempt Petition (Civil) No. 674 of 2017 in Civil Appeal No. 8555 of 2014 (Arising out of Civil Appeal Nos. 8553-8557 of 2014), Contempt Petition (Civil) No. 916 of 2017 in Civil Appeal No. 8557 of 2014 (Arising out of Civil Appeal Nos. 8553-8557 of 2014)
Decided On: 26.04.2023
Appellants: State of Gujarat and Ors. Vs. Respondent: P.A. Bhatt and Ors.
Hon'ble Judges/Coram:
V. Ramasubramanian and Pankaj Mithal JUDGMENT
V. Ramasubramanian, J.
1. These civil appeals arise out of a common order passed by the Division Bench of the High Court of Gujarat at Ahmedabad confirming the order of the learned Single Judge, holding that the Respondents possessing a degree of BAMS (Bachelor of Ayurved in Medicine and Surgery) should be treated at par with the doctors holding MBBS degrees and that they are entitled to the benefits of the recommendations of the Tikku Pay Commission.
2. We have heard the learned Counsel appearing for the parties.
3. On the basis of a Memorandum of Settlement dated 21.08.1989 entered into by the Ministry of Health and Family Welfare with the Joint Action Council of Service Doctors Organisation, a High-Power Committee was constituted on 03.05.1990 with Shri R.K. Tikku as its Chairman, for the purpose of improving the service conditions and prospects of the doctors in Government service.
4. This Committee held 30 meetings during the period from June-1990 to October-1990 and submitted its recommendations under a Report dated 31.10.1990. The recommendations contained in this Report was confined only to service doctors holding MBBS degrees and post-graduate medical degrees and degrees in super-specialities and those on the teaching and non- teaching sides.
5. By a separate order dated 19.11.1990, the Ministry of Health and Family Welfare constituted another High-Power Committee under the chairmanship of the very same person, namely, Shri R.K. Tikku, for the purpose of considering the career improvement and cadre restructuring of the practitioners of Indian Systems of Medicine and Homeopathy. This Committee submitted a separate Report on 26.02.1991 and it was confined to practitioners of alternative Systems of Medicine, holding degrees in Ayurved/Unani/Siddha/Homeopathy.
6. The Government of India accepted the recommendations of the Ti........