CWP No. 11322 of 2007 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CWP No. 11322 of 2007
Date of decision: October 23, 2008
Arshdeep Singh and others --- Petitioners
Versus
State of Punjab and others ---- Respondents
CORAM: Hon’ble Mr. Justice Ashutosh Mohunta
Hon’ble Mr. Justice Rajan Gupta
Present: Mr. Amit Jain, Advocate, for the petitioners.
Mr. BS Chahal, DAG, Punjab, for
respondents No.1 to 3.
Mr. RK Malik, Sr. Advocate, with
Mr. Yashdeep Singh, Advocate, for
respondents No. 4 to 7.
Ashutosh Mohunta, J (Oral).
By this judgment, we intend to dispose of four writ petitions
i.e. CWP Nos. 11078 of 2008 (Dr. Minakshi Sharma Vs. State of Punjab &
others), 11322 of 2007( Arshdeep Singh and others Vs. State of Punjab and
others), 12034 of 2007(Abdul Mazid and others Vs. State of Punjab &
others) and 18074(Dr. Harminder Singh and others Vs. State of Punjab and
another) as similar questions of law and facts are involved therein. For
brevity the facts are derived from CWP No. 11322 of 2007.
With a view to engage qualified doctors for rural dispensaries
in the State of Punjab, a public notice was issued by the Director, Rural
Development and Panchayats Punjab, inviting applications from the
doctors. In terms of the public notice, it was decided to appoint qualified
doctors in rural dispensaries as Service Providers on service contract for
three years, which period is further extendable on mutual consent.
CWP No. 11322 of 2007 2
As per the public notice, the doctors were called as ‘Service
Providers’ and each of them was to be paid fixed emoluments of Rs.
30,000/- per month in which apart from his own remuneration, he was
required to engage one qualified Para Medico and ensure cleanliness of the
Dispensary and to pay water and electricity charges.
All the petitioners were selected and were issued appointment
letters as doctors (Medical Service Providers) to work in rural dispensaries.
The petitioners had engaged the private respondents as Para
Medicos/Pharmacists at different Subsidiary Health Centers.
The petitioners are now aggrieved by the instructions of the
Government (Annexures P5 & P6), vide which a sum of Rs. 5,000/- per
month has been fixed as emoluments to be paid to the para-medico
personnel.
Counsel for the petitioners submits that the amount of Rs.
5,000/- per month to be paid to the para medicos is highly excessive
especially when the petitioners are being paid a fixed amount by the State.
He further submits that the petitioners have no objection to pay more
amount to the para medico personnel in case their emoluments are
increased correspondingly by the State Government.
Mr. R.K.Malik, learned Senior Counsel submits that the Para
Medico staff is being paid a minimum amount of Rs. 5,000/- each by the
petitioners, who are service providers and there is no infirmity in the order
passed by the State Government directing the petitioners to pay a lump sum
of Rs.5,000/- to the para-medicos. He submits that in fact since the para-
medicos are performing the duties of Pharmacists, they should be paid more
than Rs. 5,000/-, as fresh entrants Pharmacists in the Health Department are
being paid Rs. 11,047/-. Learned counsel submits that para medico
personnel are being paid a meagre amount of Rs. 3,000/- per month and
keeping in view the service rendered by them, the emoluments of
Rs.5,000/- are rather on the lower side.
Counsel for the State submits that the Service Providers as
Medical Officers are given total package of Rs.30,000/-, out of which Rs.
CWP No. 11322 of 2007 3
21,000/- is their salary and as such Rs. 5,000/-, which is being paid to the
Pharmacists/ qualified Para Medicos is absolutely justified keeping in view
the rising cost of living. Learned State counsel further submits that all the
para medicos are qualified personnel and hence the emoluments fixed by
the Government are in consonance with their qualifications.
After hearing counsel for the parties, we dispose of the present
writ petitions with a direction that the petitioners shall continue to pay
Rs.5,000/- to the para medic staff. In case the petitioners want to get higher
emoluments from the Government for making payment to the para medico
staff, then they may file a consolidated representation before the competent
authority, which shall be decided within three months from the date of
filing such representation.
[Ashutosh Mohunta]
Judge
[Rajan Gupta]
Judge
October 23, 2008
`ask’