LAWS(MPH)-2020-5-510

ABHISHEK VISHWAKARM Vs. STATE OF M.P.

Decided On May 28, 2020
Abhishek Vishwakarm Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Petitioners have filed this writ petition seeking relief to pay wages to them at collector rate from date of their appointment i.e. 04/01/2012. Petitioners have also made a prayer to quash impugned order dated 28.05.2015. By the said order, directions were issued by Chief Medical & Health Officer Jabalpur to outsource the work of Maternal & Child Tracking System (MCTS) feeding per entry/updation as per letter dated 27.01.2014. The arrangement of outsourcing the work will come to an end when State Government will appoint MIS Operator in Government Primary Health Centre.

(2.) The grievance of the petitioners is that they are arbitrarily switched over from monthly honorarium of skilled labour per month at Collector rate to payment to be made on basis of per entry rates as per letter of government dated 27.01.2014. The said action is arbitrary in nature and therefore Annexure P2 dated 28.05.2015 may be quashed and payment may be made to petitioners at Collector rate.

(3.) Respondents had filed their reply and stated therein that petitioners are doing data entry in respect of registration of pregnant women as well as vaccination done to newborn babies. Payment of petitioners is to be made as per circular dated 27.01.2014. As per the circular, amount of Rs.15 comes on registration of one pregnant women for her entire check up till the time of delivery and vaccination of child of newborn baby also comes to Rs.15. As per circular dated 27.01.2014 Maternal and Child Tracking System Operator has to be paid on basis of entry made by him and not on basis of Collector rates. No discrimination is being done with petitioners. Some of the Operators are being paid at monthly rates but payment of such operators is made by Medical College, Jabalpur and not by answering respondents. It is further submitted that petitioners have not disclosed the entries made by them with effect from April 2015 and therefore, no payment could be made to them. If petitioners disclose the details of entries which have been made by them then payment will be made to them.