KAILASH NARAIN GARG Vs. STATE OF M P

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for setting aside the order dated 14.11.2005 whereby the respondents have declined to grant them the pay-scale of Rs.8000-13500/-. They have prayed for a direction to command the respondents to provide them the said pay-scale. Brief facts necessary for adjudication of this matter are as under:-

(2.) THE petitioners are Homeopathy Doctors and were working on the post of Homeopathic Chikitsa Adhikari. They filed W.P.No. 734/99 (Dr. K.N.Garg and others Vs. State of M.P. & Others) before this Court. In the said petition, they claimed parity in the matter of pay-scale with Ayurvedic Chikitsa Adhikari. The matter was decided by this Court on 1.9.2005. In para 10 and 11, this Court held as under:-

(3.) SHRI Yogesh Chaturvedi, learned counsel for the petitioners relied on the document dated 6.2.1991 issued by the State Government whereby similarly situated Homeopathic Chikitsa Adhikaris were granted pay-scale of Rs.2200-4000/-. He also relied on a document dated 16.4.1999 whereby the Commissioner, Nagar Nigam, Gwalior opined that the Homeopathic Chikitsa Adhikaris, who have completed their course of two years or four years perform similar nature of duties and responsibilities. He opined that the said officers cannot be differentiated on the basis of educational qualification and, therefore, on the basis of parity, they be extended the benefit of Rs.8000-13500/-. The learned counsel further criticized the impugned order whereby the claim is rejected..