In a major relief to contractual auxiliary nurses and midwives, the Rajasthan High Court on Monday ordered the state government to regularise within three months the jobs of those who have completed 10 years in service.
The order will benefit about 8,000 contractual health workers serving at primary health and community health centres under National Rural Health Mission (NRHM) and Reproductive and Child Health (RCH) Programme.
The bench of Justice Vineet Kothari passed this order while allowing a bunch of writ petitions filed by contractual health workers (ANMs/female health workers), seeking regularisation of their jobs.
Justice Kothari said this order would also be applicable to all the contractual health workers, who have been serving for the past 10 years, without their having any need to come to the court for similar relief.
Narpat Singh Charan, the counsel of a petitioner, argued in the court that these contractual workers have been giving full time service since 10 years at par with the regular ANMs and nurse (grade II).
"Denial of the regular pay scale was an infringement of Article 16 of the Indian Constitution, which has provisioned" equal pay for equal work''," Charan argued.
Another counsel G R Punia argued that the selection of all these contract workers was carried out through a proper recruitment procedure, wherein a selection committee had chosen them against regular vacant posts.
Additional Advocate General P S Bhati, however, objected to their regularisation on the ground that the petitioners had been inducted on contract without any cadre to serve under NRHM and RCH Programme by the state government, which will be in force till 2017.
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Hearing arguments from both sides, Justice Kothari observed that the failure of the state government to determine the vacancies and creation of more cadre-based posts to ensure better health care of the citizens in commensuration with Article 21, should not form the basis for the government to exploit the petitioners by keeping them on a minimal monthly sum and under renewable contract basis.
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Justice Kothari ordered that all those who have completed 10 years of uninterrupted services be put under regular pay scale within a period of three months from the date of the order.
The order will benefit about 8,000 contractual health workers serving at primary health and community health centres under National Rural Health Mission (NRHM) and Reproductive and Child Health (RCH) Programme.
The bench of Justice Vineet Kothari passed this order while allowing a bunch of writ petitions filed by contractual health workers (ANMs/female health workers), seeking regularisation of their jobs.
Justice Kothari said this order would also be applicable to all the contractual health workers, who have been serving for the past 10 years, without their having any need to come to the court for similar relief.
Narpat Singh Charan, the counsel of a petitioner, argued in the court that these contractual workers have been giving full time service since 10 years at par with the regular ANMs and nurse (grade II).
"Denial of the regular pay scale was an infringement of Article 16 of the Indian Constitution, which has provisioned" equal pay for equal work''," Charan argued.
Another counsel G R Punia argued that the selection of all these contract workers was carried out through a proper recruitment procedure, wherein a selection committee had chosen them against regular vacant posts.
Additional Advocate General P S Bhati, however, objected to their regularisation on the ground that the petitioners had been inducted on contract without any cadre to serve under NRHM and RCH Programme by the state government, which will be in force till 2017.
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Hearing arguments from both sides, Justice Kothari observed that the failure of the state government to determine the vacancies and creation of more cadre-based posts to ensure better health care of the citizens in commensuration with Article 21, should not form the basis for the government to exploit the petitioners by keeping them on a minimal monthly sum and under renewable contract basis.
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Justice Kothari ordered that all those who have completed 10 years of uninterrupted services be put under regular pay scale within a period of three months from the date of the order.
