RAJARAM VITHAL PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners no. 1 and 3 are holding a degree of B. S. A. M. (Bachelor of Ayurved in Medicine and Surgery ). The petitioner no. 2 is holding a degree of A. V. M. S. (Ayurvedic Vigyanacharya with modern Medicine and Surgery ). They are all registered under the Maharashtra medical Practitioners Act, 1961 read with Section 17 of the Indian Medicine central Council Act, 1970. On the basis of the said qualifications, the petitioners were appointed on 28. 08. 1980, 21. 04. 1979 and 28. 08. 1980 respectively, as medical Officers (Health) Class-Ill at various Primary Health Centres/dispensaries run by the Zilla Parishad Dhule.

(2.) THE qualifications of the petitioners are included in the Second Schedule of the Indian Medicine Central Council Act, 1970. Section 17 (3a) of the maharashtra Medical Practitioners Act, 1961 provides that :

(3.) THE petitioners and the persons similarly situated had been granted the pay scale of Rs. 305-460 with effect from 1st April 1976, which was subsequently revised to Rs. 1640-2900 on the recommendations of the pay Commission. A grievance was made by the petitioners that they are holding equivalent qualification of the Medical Officers having the qualification of B. A. M. S. and they are performing identical duties and had identical responsibilities, thus, they were entitled to the same pay scale of Rs. 2000-3500.