CWP No. 11322 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CWP No. 11322 of 2007 Date of decision: October 23, 2008 Arshdeep Singh and others --- Petitioners Versus State of Punjab and others ---- Respondents CORAM: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present: Mr. Amit Jain, Advocate, for the petitioners. Mr. BS Chahal, DAG, Punjab, for respondents No.1 to 3. Mr. RK Malik, Sr. Advocate, with Mr. Yashdeep Singh, Advocate, for respondents No. 4 to 7. Ashutosh Mohunta, J (Oral). By this judgment, we intend to dispose of four writ petitions i.e. CWP Nos. 11078 of 2008 (Dr. Minakshi Sharma Vs. State of Punjab & others), 11322 of 2007( Arshdeep Singh and others Vs. State of Punjab and others), 12034 of 2007(Abdul Mazid and others Vs. State of Punjab & others) and 18074(Dr. Harminder Singh and others Vs. State of Punjab and another) as similar questions of law and facts are involved therein. For brevity the facts are derived from CWP No. 11322 of 2007. With a view to engage qualified doctors for rural dispensaries in the State of Punjab, a public notice was issued by the Director, Rural Development and Panchayats Punjab, inviting applications from the doctors. In terms of the public notice, it was decided to appoint qualified doctors in rural dispensaries as Service Providers on service contract for three years, which period is further extendable on mutual consent. CWP No. 11322 of 2007 2 As per the public notice, the doctors were called as 'Service Providers' and each of them was to be paid fixed emoluments of Rs. 30,000/- per month in which apart from his own remuneration, he was required to engage one qualified Para Medico and ensure cleanliness of the Dispensary and to pay water and electricity charges. All the petitioners were selected and were issued appointment letters as doctors (Medical Service Providers) to work in rural dispensaries. The petitioners had engaged the private respondents as Para Medicos/Pharmacists at different Subsidiary Health Centers. The petitioners are now aggrieved by the instructions of the Government (Annexures P5 & P6), vide which a sum of Rs. 5,000/- per month has been fixed as emoluments to be paid to the para-medico personnel. Counsel for the petitioners submits that the amount of Rs. 5,000/- per month to be paid to the para medicos is highly excessive especially when the petitioners are being paid a fixed amount by the State. He further submits that the petitioners have no objection to pay more amount to the para medico personnel in case their emoluments are increased correspondingly by the State Government. Mr. R.K.Malik, learned Senior Counsel submits that the Para Medico staff is being paid a minimum amount of Rs. 5,000/- each by the petitioners, who are service providers and there is no infirmity in the order passed by the State Government directing the petitioners to pay a lump sum of Rs.5,000/- to the para-medicos. He submits that in fact since the para- medicos are performing the duties of Pharmacists, they should be paid more than Rs. 5,000/-, as fresh entrants Pharmacists in the Health Department are being paid Rs. 11,047/-. Learned counsel submits that para medico personnel are being paid a meagre amount of Rs. 3,000/- per month and keeping in view the service rendered by them, the emoluments of Rs.5,000/- are rather on the lower side. Counsel for the State submits that the Service Providers as Medical Officers are given total package of Rs.30,000/-, out of which Rs. CWP No. 11322 of 2007 3 21,000/- is their salary and as such Rs. 5,000/-, which is being paid to the Pharmacists/ qualified Para Medicos is absolutely justified keeping in view the rising cost of living. Learned State counsel further submits that all the para medicos are qualified personnel and hence the emoluments fixed by the Government are in consonance with their qualifications. After hearing counsel for the parties, we dispose of the present writ petitions with a direction that the petitioners shall continue to pay Rs.5,000/- to the para medic staff. In case the petitioners want to get higher emoluments from the Government for making payment to the para medico staff, then they may file a consolidated representation before the competent authority, which shall be decided within three months from the date of filing such representation. [Ashutosh Mohunta] Judge [Rajan Gupta] Judge October 23, 2008 `ask'