High Court · 2025

Judgment

1. 2 3 4 5 6 ...PETtTloNER(S) Hl#,?r"'t'J,fifu ,1i,?#tgf; H:f B8tillla", "*;',',i1T,Bf,r:*rnmen.MinistryorHearthand Rep By the Secretary to Government, Minisrry of Rairways, [}lijff{?}ffit1ii:;,f,i,_11nTBstisu,?(x;rst,:!:;fl ;:#}*:,,,,, The Chairman, Railway Board,Rail Bhavan, New Delhi. ft,?J,ffiI H:iaEH3#r?"o3t ? The Chief Medical Director. S:#idiF'Ji,ff,efl'""'["df:"'&:,ir:,""!,'fj,F'#SJ(g:"#13 [??i,iJ,.,St,X,-r, | Rairwa v' so uth centra I Ra irwav, Ra ir 7 B Ilff"#:r?ffi1[l,555,93"trar Hospitar' Rep bv its Medicar Director, The Principar Financiar Arrvisor, south centrar Rairway, Rair Nirayam, sarojini Devi Road, Secunderabad. felang;a 50"0d;i . '"""', ...RESPONDENTS

petition underr Artrcre 226 0f the constitution oi rndia praying that in the circumstances statr:d irr the affidavit fired therewith, the High crurt may be pleased to issue writ, order or direction more particurarry onr: in the rature of writ of mandamus decra'ing naction of the Respondents more particurarry Respondent Nos' 2 to B in not consicrering the circurar issued by the Respondent No. 2 and in not paying the monthly stipend/salary to the petitioners as per circular vide No. 201BrHrz-1r2(poricy)/pt 'r , dated 21 .01 .2019 with pay .f 7th (lentrar pay commission (cPC) issued by Respondent No.2 as iregzrr, arbitr;ary, viorates articres 14 and 21 0f the constitution of rndia and beside viorates the prirlcipars of natural justice and ccnsequenry direct the Respondent No. 2 to 6 to pay monthry stipend/salary to Li Ie pe:titioners as per circurar vide No. 2o1BrH/2-1i2(poricy)/pt 1' dated 2'r'01'2019 with pay of 7th centrar pay commission (cpc) issued by Respondent No. 2 along \vith arrears as per a revised pay scale. lA NO: 1 oF 2023 Petition under Section 1 51 CPC praying that in the circumstanctrs stated in the affidavit fired in sr,pporl 0f the petition, the High court may be preased to direct the Respondent No. Il to {l to pay monthly stipend/Salary to th,-, petitioners as per circurar vide No. 2o1BtH,tz--1r2(poricy)ipt 1, dated 21 .01 .2019 with pay of 7th centrar Pay commission (cpc) issued by Respondent No.2 pending r,isposar of the writ petition. Counsel for the petitioners: SRt E. VENKATA SIDDHARTHA Counsel for the Respondents: SRt GADI PRAVEEN KUMAR (Dy. soLtctTOR GENERAL oF tNDIA) The Court made the foltowing: ORDER I I HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION o.27684 ot 2023 ORDER Heard Sri E. Venkata Siddhartha, learned counsel appearing on behalf of petitioners and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing on behalf of respondent Nos. 1 to 8.

2. The petitioners approached this Court seeking the prayer as under: "...to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring inaction of the Respondents more particularly Respondent Nos.2 to B in not considering the circular issued by the Respondent No.2 and in not paylng the monthly stipend/Salary to the petitioners as per circular vide No.2018lH/2-l/z(Policy)/Pt l, dated 27.O1.2079 with pay of 7rh Central Pay Commission (CPC) issued by Respondent No.2 as illegal, arbitrary, \riolates Articles t4 and 21 of the Constitution of India and beside violates the principals of natural justice and consequently direct the Respondent Nos.2 to 6 to pay monthly stipend/Salary to the petitioners as per circular vide No.201BlH/2-r/2(Policy)/Pt t, dated 21.01.2019 with pay of 7th Central Pay Commission (CPC) issued by Respondent No.2 along with arrears as per a revised pay scale and pass... ". 2 SN. J \\,P 2 7684 2021

3. The case of the petitioners, in brief, is that the petitioners are qualified coctors, being DNB traineeg ha,,ring qu,alified and working as Junior Residents/Diplomat of Nati,:nal Bcard (DNB) trainees o'j' soJth-centrar Rairway centrar Hospitar, South-centrar Railways undilr the management and contror of south centrar Railways i.e. Respondent No.7. Respondent: No,5 issued a Circular dated 13.05.2011 to pay sarary to Jurior Re:,;idents for rendering full service as doctor and not..sitipend,,for DNB Course. The ytetitioners are receiving the stipr:ndlsalary as per the 6th Cr:ntral pay Commission (CpC) but lhe sail Circular clearly states that the stipend/salary payab e to tte lunior Residents/:ien ior Residents engaged in Railway Hospita ls may be revised provisionally as per 7th Central pay Commission by placing them irr Level-10 and Level-11 of pay Matrix, but the respondent N.or;,2 to B, without considering the r:ircular issued by respondent No 1 are paying the salaries as pe- 6rh Ce:ntral pay commission (cPC) which is iilegar and arbitrary. The petitioners further casr: is t:hat they are engaged as lunior Flesidents as DNB trainees from 2022 and there shall be no discrinrination of pay in certain section as the eastern Railways in West Bengal and Southern Railw,:ys DNB Trainees are paying as per 7u, Central ; /\- /'l -) SN. J wP 21684 2023 Pay commission (cpc). The petitioners have addressed a representation to the respondent Nos. 2, 7 and g but they have not considered the same. The petitioners are entiUed to be paid as per the revised pay scale as per Circular No. 2OtB/ H/2-l/2 (Policy)/pt 1, dated 2t.Ot.2OLg, but the said circutar guidelines had not been implemented as on date in respect of the petitioners herein. Aggrieved by the same, the petitioners approached the Court by filing the present writ petition. P RUSE TH RE D

4. The Proceedings vide No.2OLA/H/2_L/Z(poticy)/pt t dated 21.O1.2O19 of the Government of fndia, Ministry of Railways (Railway Board), Clause-2 is extracted here u nder: *2. Stipend payable to JRs/SRs engaged in Railway Hospitals under the aforesaid scheme may be revised provisionalty as per 7rh CpC by placing them respectively in Level-1O & Level-l1 of the pay matrix. This revision is provisional pending any final modification of instructions contained in MoH & FW,s letter No.U.1tO14l1/2OO8-ME(p.11) dated O1.10. 2OO8 and Oa.1O.2OOa". I 4 SN, J wP 27684 2023

5. The learned counsel appearing on behalf of the cetitioners submits that jhe proceedings dated 21.01.2019 issued by the Government of India, Ministry of Railways (Re,ilway Etoar<J) has been implemented with respect to the lunior Rr_.sidents; and DNB trainees ot Eastern Railways in West Bengal and Southern Railways. Hovvever, the said proceedings had r,ot been implementerd bv the State of Telangana as on date. 6. The learned Deputy Solicitor General of. f ndia, appearing on behalf of respondents submits; that upon the petitioners approaching the respondent No,4 by way of a detailed representation putting_forth the grievance of the petitioners as put forth in the present writ petition seeking payment of monthly stipend,/salary to the petitioners herein as per circular issued by the respondent No.2 vide No. 2OtB / H / 2- L / 2(poticy ) / pt dated 21.01,2019 with pay of 7th Centrat pa!/ Commission (CPC) the said representation would be considered accordance to law, within a reasonabte period. 1 DIS U IO NDCo NC LUSIO N I 5 SN. J wP 27684 2023

7. It is pertinent to note that before the High Court of Calcutta, a similar issue had come up for consideration as in the present writ petition and writ petitioners thereunder, who are Junior Residents/Diplomate oF National Board (DNB) trainees of B.R. Singh Railway Hospital, Sealdah, under the management and control of Eastern Railway, approached the Court by filing W.P.A. No. 5284 of 2022 and the High Court of Calcutta vide its judgment dated 27.09.2022 in Dr.Abhro Gho h and Others Versus Union of India and Others held that the 'writ petitioners thereunder are entitled to receive the salary/stipend at the same scale of pay which the lunior Residents were receiving in December, 2027, on par with the lunior Residents Arrears on account of difference in salary paid from January, 2022 ill September, 2022 shall be paid by January 21, 2023 l l i along with interest at the rate of 60/o per annum. In the said judgment it is observed at para Nos.26, 31, 36 and 33 as under: "26. Having considered the rival submissions of the parties and the materials placed on record, this court is of the view'that no discrimination can be made by the Accounts Department. Eastern Railway regarding the stipend/salary payable to the DNB trainees of B.R. Singh Hospital, Eastern Railway as against the stipend/salary payable to the DNB trainees rendering services in Railway Hospitals of other regions especially in view of the fact that there is no 6 SN, J \L/P 27ri84 2021 allegation regarding the number of hours or rigour of sr,:rvice renderr:d b y, them is in anyway less than that of DNB trainee; in ,t'h e r regions.

31. After considering the hours and nature of duty and giving equal status to the DNB trainees with the -unior Residents, l:he loint Director, Health, N4inistry of Rail,,vays, Government of india could not withdraw tho said status without assigning any reason, arbitrarily by the in pr-gned office order dated January 27, 2019. The said office orrler is conspicuous;ly silent about the reason for finallzation c F the rate of stipond payable to the DNB trainees by the MD/CMS of a Railwa,z Hospital as against the stipend payabler to tht: lunior F|esid ents/Sen ior Residents being revised provisic nally as per .ith (lentral Pay Commission placing thern in Levi:l-1C) and Level-11. The Impugned Circular of Januar,u 21, 20lg is silent as to t.he cause of such segregation.

36. Since this court has already held that the distinction made in the Impugned Circular dated January 21.,2OL9 between the Junior Residents and DNB trainees was arbitrary and illegal, ithe revised scheme of pay as per the 7th Central pay Commission provisionally applicable to the Junior Residents is also held to be applicable to the 'DNB, trainees. .37. The writ petitioners are entitlecl to receive the salary/stipend at the same scale of pay at which they were receiving in December 2O21 at par with the Junior Residents. Arrears on account of difference in salary paid from January 2022 ti Septemb er 2022 shall be paid by January gL, 2O2g along wiith interest at the ritte of 60lo per annum,,. 7 SN. J wP 2'1684 2023 8 The learned counsel for petitioners places reliance on the said judgment reported in 2022 SCC OnLine Cal 3013 and submits that petitioners herein are arso entiaed for the simirar relief and also submits that the plea of the learned Deputy Solicitor General of India, directing the petitioners to further make a fresh representation to the 4rh respondent herein is unwarranted and it would only delay the release of benefits, which were extended to the simirarry situated individuars rike the petitioners herein.

9. This Court agrees with the said plea of the petitioners that the petitioners should not be darected to approach the respondents by way of fresh representation, now in the year 2025 when the circutar guiderines in favour of the petitioners had been issued in the year 2O19 i.e.. on 21.01.2019 and since the same had not been implemented even as on date by the respondents in respect of the petitioners herein, since the said exercise wourd further delay delivery of justice to the petitioners herein.

10. T ki n on: 8 (a) The aforesaid facts and circumstances of the SN. J ,\ I' 2;681 202i case, (b) The submissions made by the learned counsel appearing on beharf of the petitioners ancr the rearned Deputy Solicitor General of India, appearing on behalf of respondents, (c) Tht: circular guidelines vide No.2O1a/H/2_t/2 (Policy)/Pt 1, dated 21.01.2019 of the Government of India, Ministrv of Railways (Railway Board), pertaining to revision of stipend payable to Jrs,/Srs engaged in Railway Hospitals, (d) The observations in the Judgment dated 27.O9.2O22 passed by the High Court of Calcutta in Dr. Abhro Ghose and Others (supra), (referred to and extracted aborre), The writ petition is allowed. The respondent Nos. 4, 7 and 8 are directed to implement the Circular No. 2OL8/H/2-L/2 (policV)lpt 1, dated 2L.Ot.2ALg issued by the 2"d respondent herein in response to the petitioner,s representations seeking imptementation of the circular guidelines vide No. ZOLa/H/2_L/?(poticfi,/pt 1, dated I sN. j wP 21684 2023 21.01.2019 with the pay of 7th Central pay Commission (CPC) issued by the respondent No.2, within a period of six (6) weeks from the date of receipt of the order, in accordance to law and pass appropriate orders pertaining to the request of the petitioners for payment of revised stipend/ salary as per the Circular dated 21.01.2019 issued by the respondent No.2 with 7th Centrat pay Commission (CPC) along with arrears as per the revised pay scale and duly communicate the decision on petitioners representataons to the petitioners. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, any pending, in the Writ Petition shall also stand closed. To, 1 //TRUE COPY// D/-T. TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER try of Health and Family The Secretary to Government, Union of lndia, Mi Welfare, Nirman Bhavan, New Delhi. Delhi. Z It g Secretary to Government, Union of lndia, Ministry of Railways, New 3. The-Director, National Board of Examinations, (l\/inistry of Health and Family Welfare, Govemment of lndia) NAMS Building,'Ansari Nagar, Mahatma Gandhi Marg, New Delhi 11O 029.

4. The Chairman, Railway Board, Rail Bhavan, New Delhi. 5. Ggneral Manager, South Central Railway, South Central Railway, Rail Nilayam, Secunderabad-500071 T I I I T )/

6. The Chief IVIe,dical Director, South Central Railway; ground floor of South Central Railwqy HQrs Office, Rait Nilayam/ B-Bloak(behind Synclicate Bank), Sarojini Devi Roari, Secunderabad-sOO 071 .

7. The South Central Railway, Central Hospital, Rep by its Medical Director, Lalaguda, Telangana-50001 7.

8. The Principal Fina,ncial Advisor, South Central Railway, Rail Nilayam, Sarojini Devi Road, Secur,derabad, Telangana 50007'l .

9. One CC to Sri E. Venkata Siddhartha, Advocate [OPUr]l 10.One CC to Sri Garli Praveen Kumar (Dy. Solicitor General Of tndia) tOpUCl 11.Two CD Copies TJ BS I .,I I HIGH COURT CC TODAY DATED:0210412025 ORDER WP.No.27684 of 2023 1HE !;-I4 ), /a i!"':',' 1.. t: il ? ttlAl' zffi I ,-'\- \ ".. . _,.,a,^_ . r..-: '2 ALLOWING THE WRIT PETITION WITHOUT COSTS 2l q,{ \e>