UNION OF INDIA Vs. HAZERA KHATOON

JUDGEMENT

(1.) All these fourteen number of Writ Appeals were, by order, heard together and for the sake of convenience are being disposed of by this common judgment and order because they (sic) would relate to the same question of law involved and consist of either identical or similar question of facts. The Union of India, represented by the Secretary, Health and Family Welfare (Rural Health Division), Government of India, is the appellant in all these appeals.

(2.) The fact giving rise to the filing of the connected Writ Petitions and the presentation of these subsequent appeals may be given as hereunder. Ms. Hazera Khatoon in her capacity as the General Secretary, All Assam Health Centres Female Attendants Association, filed a petition registered as WP(C) No. 5496/2001 (giving rise to Writ Appeal No. 535/2001). Several such petitions were presented by groups of 'Female Attendants of Health Centres' from the year, 1995 onwards and all of them were disposed of as 'covered cases', on the strength of order passed in Civil Rule No. 3073/1995 by the single Bench of this Court, by passing orders on different dates. The Government of Assam and the connected State Department were made the principal respondents and the Union of India was joined later with the connected Health Department as respondent Nos. 6 and 7.

(3.) All these writ petitioners whether in their individual capacities or in the form of an association contended that they were working as 'Female Attendants' under the respondent authorities in different Health Centres, Public health Centres, State Dispensaries within the State of Assam on a consolidated pay of Rs. 50.00 per month as per the letters of appointment. That on being appointed as such they were performing their duties to the best of their capacities and devotion to the satisfaction of their respective superiors and the respondents were realizing service from them, equal and similar to that of Grade-IV employees and Nurses, in return of nominal pay of Rs. 50.00 per month and all their representations were abortive in getting the higher pay benefit. That although some of the Female Attendants were given appointment as "Ward Girls" with pay scale of Grade IV employees such a relief was refused to the Writ petitioners in spite of the fact of they being 'similarly situated persons' having therequisite qualifications. That the writ petitioners out of dire necessities of life and on compelling circumstances had to continue with the meagre pay, some of them since 1979 and action of the respondents was thus violative of natural justice and administrative fair play, etc. etc. That they are legally entitled to the minimum wages of Rs. 900.00 per month. It appears that first of such cases in point of time was Civil Rule No. 3847/1993 filed by one Smt. Nandeswari Bora decided on July 18, 1994, followed by the next petition WP(C) No. 3073/1995, disposed of on February 22, 2000, giving the relief and the same was repeated in other connected cases on principles of covered cases as stated above.