Superannuated Basic Health Workers sought pay scale enhancement equivalent to ANM. The Court held that the academic qualification and duties of ANMs and BHWs differ, so no equal-pay claim lies, and dismissed the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9911 of 2024
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the Accountant General : Mrs. Nivedita Nirvikar, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL JUDGMENT
Date : 01-07-2024
The petitioners are superannuated from the post of
Basic Health Worker (बुननयादीसवासथयकायरकरार) under the Health
Patna High Court CWJC No.9911 of 2024 dt.01-07-2024 2/4
Department. After superannuation, they filed a writ petition praying for enhancement of their pay scale similar to the pay scale of ANM (Auxiliary Nurse Midwife). The Department refused to consider their prayer. Rejection of their prayer initially lead them to file a writ petition before this Court being CWJC 9121 of 2021 (Rajendra Singh and Ors Vs. The State of Bihar and Ors.) . The said writ petition, however, was dismissed on the ground that in the absence of demand before the competent authority by submitting a detailed representation. The petitioners did not have any vested right for which they are entitled to appropriate relief by the writ court. While dismissing the previous writ application, the Co-ordinate Bench relied on the decision of the Hon’ble Supreme Court in Mani Subrat Jain Etc vs State Of Haryana And Ors. reported in AIR 1977 SC 276. Subsequently, petitioners filed a representation before the competent authority for enhancement of their Pay Scale. The said representation was rejected by Directorin-Chief, Community Health and Paramedical Department, Health Services, Bihar, Patna. It is contended on behalf of the petitioners that the petitioners were appointed on the basis of an advertisement issued in the year 1973 sometimes in 1976. At that relevant point of time, there was no rule governing the scale of pay of BHW, however, a list of non-gazetted common categories was
Patna High Court CWJC No.9911 of 2024 dt.01-07-2024 3/4
published by the Scretariat and the Auxiliary Nurse Midwife (ANM) was listed in item no. 17 under Mufassil Establishment and the Basic Health Worker (BSW) was listed in serial no. 13 of the Malaria Eradication Programme and Pay Scale of both the cadres were similar. Subsequently, however, the details job responsibility of ANM was fixed with minimum academic qualification. It was directed that the minimum academic qualification for the post of ANM would be 10+2 (Intermediate) pass with Auxiliary Nurse Midwifery Training Course. However, BHW (बुननयादीसवासथयकायरकरार) does not require such qualification and they are entitled to be recruited having academic qualification of 10+2 (Intermediate). It was also observed in Annexure P/5 that BHW is directed to act to help ANM. Thus, considering the academic qualification and the job responsibility, Pay Scale of ANMs was fixed at higher rate than the BHWs. Since, petitioners were appointed in service prior to the change of duties of ANM and BHW.
Patna High Court CWJC No.9911 of 2024 dt.01-07-2024 4/4
duty of BHWs and ANMs were changed and ANM was directed to perform additional duties and discharge more responsibilities than BHW. Since, the nature of work of BHW and ANM are different,
the petitioners cannot claim ‘Equal pay for equal work’ .
petition and the instant writ petition is dismissed on contest.
(Bibek Chaudhuri, J)
Suraj Dubey/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 02.07.2024 |
| Transmission Date | 02.07.2024 |
1 issue framed by the court
Whether superannuated Basic Health Workers can claim pay scale parity with ANMs under equal pay for equal work.
Colour shows how this judgement treated each authority
Mani Subrat Jain Etc vs State Of Haryana And Ors.Relied on
AIR 1977 SC 276 · Who else cites this
Raj Kishore Singh
Suresh Kumar Verma
Prabhat Kumar Sinha
Rama Kant Prasad
Mamta Devi
Sambhu Nath Singh
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
