(1.) THE respondent writ petitioners came to this Court invoking the concept of equal pay for equal work. Their writ petition was allowed. State has come in appeal.
(2.) THE respondents -Writ petitioners were appointed as Dawasaz. They are looking after the Indian System of Medicine. The administrative department of the respondent writ petitioners is Health and Medical Education Department. It was the case of the writ petitioners that they are working in the farflung rural and urban dispensaries A Dispensary is normally equipped with a Medical Officer described as Vaid, a Dawasaz and also a Nursing Orderly. The presence of Dawasaz is said to be indispensable in every Hospital and Dispensary which is governed by the Indian System of Medicine. The petitioners, as indicated above came to this, Court seeking parity with their counter parts working in the Allopathic Hospitals. Their counter -parts are said to be working as Medical Assistants and Pharmacists. They came to this Court with a plea that the minimum qualification prescribed for the post of Dawasaz is Matriculation. They have also to undergo one years compulsory training. For this training, a prescribed syllabus has been indicated. During this training, they have to undergo training in almost all the subjects of Medical Science. Therefore, written examination is taken. Diplomas are awarded by the Directorate of Indian System of Medicines. Visa -vis their post, it was indicated that a Dawasaz has not only to distribute drugs but also dresses the wounds of the patients. This job is done under the supervision of doctors. They are also called upon to inject life saving drugs to the patients through the medium of syringes. As to how the syringes, needles and dressing material is to be kept in a sterilized form, is also one of the duties of the respondents writ -petitioners. They, accordingly sought parity with their counterparts known as Medical Assistants. It was submitted that there is absolutely to treat them differently.
(3.) A learned Single Judge of this Court on the appreciation of the material placed on the file and while taking into consideration the duties which are being performed by Dawasaz looking after the Indian System of Medicine and a Medical Assistant deputed to look after the Allopathic System of Medicine came to the conclusion that the two i.e. Dawasaz and Medical Assistants are performing the same duties. Denial of similar grade to Dawasaz was held as violative of Article 14 and 16 of the constitution.
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