ABHISHEK NEGI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, the petitioners before this Court have prayed for the following reliefs:-

(2.) The case of the petitioners is that they are qualified MBBS doctors who were appointed by the respondent-Department on various dates on contract basis. All the petitioners at the time of filing of the petition were working in different CHCs/PHCs located under Rampur Medical Block since the year 2015. All the CHCs and PHCs are located in rural areas. Before reorganization of Rampur Block, all the CHCs and PHCs formed part of Medical Block, Nankhari. However, in terms of Annexure P-1, dtd. 9/12/2013, the Government decided to open a new Medical Block at Rampur and the following CHCs and PHCs were shifted from Medical Block, Nankhari to the newly created Medical Block, Rampur, Bahali, Deothi, Dhargaura, Ghanvi, Gopalpur, Jeori, Jhakri, Khaneri, Lalsa, Phancha, Samej and Taklech.

(3.) According to the petitioners, vide Notification dtd. 21/7/2012, the respondent-Department revised the incentives of the Medical Officers RKS and Contract including Ayurveda, which included monthly incentive of Rs.10,000.00 with mandatory stay of three years for the area/Development Blocks at Matiana, Kumarsain, Jubbal-Kotkhai, Rohru/Tikker, Nankhari and Karsog. These incentives were to be paid out of NRHM funds and were to be over the contractual salary already being paid. The incentive was increased from time to time and on 8/4/2013, for Medical Block, Nankhari in was increased to Rs.20,000.00, followed by another increase vide Annexure P-3, dtd. 28/1/2019 to Rs.30,000.00. However, the hospitals where the petitioners are posted were kept out of the purview of Notification Annexure P-3. Thereafter, again revised proceedings were held on 19/4/2021 (Annexure P-4) and the petitioners have been deprived the benefit of 5% quota for doing PG Courses by bringing their hospitals under Rampur Block. Feeling aggrieved, the petitioners made representations to the Department for conferring benefit upon them as was being conferred to the doctors serving in CHCs and PHCs under Medical Block, Nankhari and also the benefit of Annexure P-4, but as nothing happened, hence, the petition.