2015 notification on lower pay to docs on probation quashed

These are unconscionable terms and conditions in making the appointments. It is nothing, but exploitation by the state government. HIGH COURT ORDER

CHANDIGARH : The Punjab and Haryana high court has quashed a Punjab government notification of January 15, 2015, that provided lower salary to 400 medical officers at the time of their appointment in August that year. They are being paid only ₹15,600 for the probation period of two years, which can be extended by three years.

Their appointment letter contained a condition that they will be paid fixed emoluments during the probation period of two years including extension, if any.

It also added that they will not be entitled for grade pay, annual increment or any other allowances, except travelling allowance till the time they are on probation. The Punjab Public Service Commission, Patiala, had issued an advertisement on March 19, 2014, for 404 posts of medical officers (general).

Selected candidates had moved the high court with the contention that though the minimum pay scale and allowances admissible to the post of medical officers (general) is ₹52,000, they were being paid almost one-third of this as salary during their probation period.

The state government, however, argued that the petitioners knew about their salary well in advance because when these posts were advertised, a condition was incorporated that they will be paid fixed emoluments equal to the minimum of the pay band without any grade pay or any allowance during the probation period of two years.

Quashing the notification in its October 26 order, the HC said that all such employees shall be entitled to the same salary as paid to the regular employees with effect from the date of passing of this judgment.

The order, it said, will be applicable even to those medical officers who did not approach the court.

The court observed that it is pity that the doctors, who spent the best part of their life in acquiring the qualification of a doctor after spending huge money, are paid only ₹15,600 for the probation period of two years, which can be extended by three years, which virtually means three years. The government had laid down that the probation period will not be included as work done on the said post, meaning thereby that the said probation period is excluded from total service.

“We are of the considered opinion that the said amendments/terms and conditions are patently illegal, against Articles 14 and 39 of the Constitution of India as well as the law laid down by the apex court. These are unconscionable terms and conditions in making the appointments. It is nothing, but exploitation by the state government,” the court said.

It added that doctors, who are newly appointed and the doctors, who have completed their probation period, are having the same qualifications and are performing the same duties and are appointed against same posts in the same department.