UNION TERRITORY OF LAKSHADWEEP Vs. MUTHUKOYA P. P.

JUDGEMENT

(1.) This petition is filed by the Union Territory of Lakshadweep, challenging the order passed by the Central Administrative Tribunal dtd. 11/5/2022, allowing the Original Application No.143 of 2021 filed by the Respondents. The Respondents have filed the Original Application seeking a declaration that they are entitled to the enhanced rate of monthly remuneration at the rate of ? 65,000/- with effect from 1/11/2017 and also enhancement of the monthly remuneration at par with General Duty Medical Officers with effect from 10/7/2019.

(2.) The Respondents were appointed pursuant the employment notice issued by the Lakshadweep Administration on contractual basis as Medical Officers, Ayurveda and Homeopathic. The Respondents' grievance was that the monthly remuneration of the General Duty Medical Officers and Dental Surgeons was enhanced to ? 65,000/-, however, the monthly remuneration of the Respondents was not increased correspondingly, even though the post was comparable and claimed with General Duty Medical Officers on the ground that the work done by them is identical to that of the General Duty Medical Officers.

(3.) The Central Administrative Tribunal, by the impugned order, accepted the contention of the Respondents based on parity and held that the Respondents are entitled to be treated on par with Allopathic Medical Officers and Dental Medical Officers. On the question of liability of payment of the increased allowances, the Petitioner Administration took a stand that the payment has to be made by the Central Government under the National Health Mission. While the stand of the Central Government was that it is for the Administration of Union Territory to decide the quantum of remuneration and find funds to meet the burden of enhanced remuneration, if any. The Tribunal, by the impugned judgment, directed the Petitioner Administration to pay the enhanced compensation at the rate of ?65,000/- to the Respondents Ayush Medical Officers and dues from 1/11/2017 with interest at the rate of 7.5% if the amount was not paid within four months. Being aggrieved by this direction, the Petitioner Administration has filed this petition.