SHUBH KANCHAN Vs. STATE OF H P

JUDGEMENT

(1.) THESE petitions are being disposed of by a common judgement since similar questions of facts and law are involved in these cases.

(2.) INITIALLY , there was one department of Health and Family Welfare in the State of Himachal Pradesh. The department of Ayurveda was part and parcel of this department. When the department of Ayurveda was a part of this department a notification was issued on 22 nd November, 1983 whereby the existing scale of pay of Male Health Workers and Female Health Workers, which at the relevant time was of Rs.400 -600 was revised to Rs.510 - 940. Auxiliary Nursing Midwives were also getting the same scale of pay. It is not disputed that thereafter in the year 1985 the department of Health and Family Welfare was bifurcated and a new department of Ayurveda was created. 41 posts out of the common cadre of Multipurpose Health Workers/Auxiliary Nursing Midwives (M.P.Ws/A.N.Ms) were allocated to the department of Ayurveda.

(3.) SOME of these posts were not filled up and resultantly fresh interviews were held and all the petitioners in CWP(T) No.12266 of 2008 except Smt. Krishana Sharma and Ms. Archana Kapoor petitioner in CWP No.2315 of 2009, were offered appointment as A.N.Ms in the department of Ayurveda during the year 1987 in the pay scale of Rs.400 -600. Petitioner Krishana Sharma was appointed in the year 1988 but her case is also squarely covered by the same facts. It is also not disputed that in the department of Ayurveda no recruitment and promotion rules were framed and this situation continued till the year 1995.