JUDGMENT (Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for records pertaining to the order in Na.Ka.No.412/Thival/2018-2 dated 15.10.2018 on the file of the 2nd respondent and quash the same and consequently direct the respondents to comply with the principle of 'equal pay for equal work' and grant regular pay scale of Rs.56,100-1,05,000 or any other present regular pay scale at par with the other government AYUSH Medical Officers with effect from the date of appointment.) Common Order 1. The writ petitions have been filed questioning the validity of the order of rejection, rejecting the claim of the writ petitioners for grant of 'equal pay for equal work' on par with the regular Doctors working in the cadre of Medical Officers in the Department of Health and Family Welfare. 2. The petitioners are qualified Doctors working in Primary Health Centres and they were appointed on contract basis for a period of 11 months under the Government of India Scheme for the improvement of Health Care Centres in Rural Areas. The Scheme is called as National Rural Health Mission (NRHM) Schemes. According to the NRHM Scheme, the Union Government provided funds to the State Government for the appointment of the Health Care professionals like Medical Officers, Staff Nurses, and Pharmacists etc. The State Government represented through the 1st respondent / Department of Health and Family Welfare will appoint the Health Care professionals in the services of the State Government. The petitioners were appointed pursuant to the said NRHM Scheme on contract basis for a period of about 11 months initially. 3. The learned counsel for the petitioner made a submission that the services of the writ petitioners were continued and the contract period was periodically extended by the respondents and they are working to the satisfaction of their Superiors. 4. The grievances of the writ petitioners are that the petitioners are working as AYUSH Medical Officers on contract basis. The period of contract was being renewed continuously, while so, the petitioners are being paid consolidated pay salary instead of the regular time scale of pay on par with the Medical Officers working in the Department of Health and Family Welfare. 5. The period of contract was being renewed continuously, while so, the petitioners are being paid consolidated pay salary instead of the regular time scale of pay on par with the Medical Officers working in the Department of Health and Family Welfare. 5. Mr.Muhilan, learned counsel for the petitioner strenuously contended that the principles of 'equal pay for equal work' is to be applied with reference to the facts and circumstances of the present writ petitions and accordingly, the petitioners, who all are employed as AYUSH Medical Officers are entitled for the salary on par with the Medical Officers, who all are serving as Medical Officers in the Department of Health and Family Welfare. Since the benefit for 'equal pay for equal work' has not been granted, the petitioners submitted representations to the authorities and the said representations were rejected and thus, the petitioners are constrained to move the present writ petitions. 6. The learned Special Government Pleader appearing on behalf of the respondents objected the said contentions by stating that the petitioners were appointed on contract basis under NRHM Scheme. They were not appointed in a sanctioned post in the time scale of pay. The initial appointment of the writ petitioners as contract Doctors were not made through the Recruitment Rules in force. Thus, they have no right to compare the regular Doctors, who were appointed in accordance with the Recruitment Rules in force as Medical Officers on permanent basis. Thus, the petitioners are not equal in respect of the other regular Doctors, who all are appointed in the sanctioned post in accordance with the Recruitment Rules in force. 7. Regarding the nature of the scheme and the nature of contract appointment, the respondents have stated that the Central Government with an eye to eradicate the dangerous diseases and to strengthen health care systems prevalent in the States / Union Territories, formulated a scheme of sub-mission of National Rural Health Mission, based on their requirement in the State. 8. To achieve the above objective and guidelines, National Health Mission entered into a partnership between the Central and State Governments and established a mechanism to carry out necessary reforms in the health sector. The Central Government provides the financial support to the States / Union Territories, which is supplementary in nature. 8. To achieve the above objective and guidelines, National Health Mission entered into a partnership between the Central and State Governments and established a mechanism to carry out necessary reforms in the health sector. The Central Government provides the financial support to the States / Union Territories, which is supplementary in nature. National Health Mission is a society created under the Societies Registration Act, wherein, the Human Resource for all the requirements take place and the recruited persons are employed on contractual / outsourcing basis for the various schemes / activities being undertaken by National Health Mission in the State, to control the outbreak of epidemic and other health-related activities. In National Health Mission, the engagement of contractual Human Resource is not against regular sanctioned posts of the state. Majority of contractual Human Resource under National Health Mission are engaged by the District Health Societies against NHM sanctioned posts as per amount approved by Government of India. 9. The Government with a view to integrate AYUSH with the modern systems of medicine, in their G.O.Ms.No.268, Health and Family Welfare (EAP-II(2)) Department dated 01.09.2009 and G.O.Ms.No.339, Health and Family Welfare (EAP-II(2)) Department dated 01.12.2010 permitted the Mission Director, National Health Mission to establish 444 AYUSH Clinics and 31 AYUSH Maternity Clinics in the Primary Health Centres under National Health Mission for strengthening the AYUSH system in the State. It is submitted that the Government, further permitted the Secretary and Director of Indian Medicine Homeopathy (i.e.) the first and second respondents herein to hire one AYUSH Doctor, one AYUSH Pharmacist and one Multi-purpose Worker on contract basis for each AYUSH Clinic established in the Primary Health Centres, from the Employment Exchange as per their Employment Exchange seniority and qualification, age and communal rotation and to post them and place them under the control of District Siddha Medical Officers. The terms of contract should make it clear that it is a part-time work and payment is for services rendered. The petitioners herein were hired exclusively as consultants for the AYUSH Clinics established in the Primary Health Centres, on daily wage basis through Employment Exchange by the Principal Secretary and Director of Indian Medicine & Homeopathy (i.e.) the first and second respondents herein and posted in the vacancies of the 444 AYUSH Clinics and 31 AYUSH Maternity Clinics established in the Primary Health Centres. They were paid Rs.1000/- per session of 6 hours, with 3 sessions per week for 38 weeks. 10. The AYUSH Graduate Doctor's Association in their representation dated 10.08.2016, addressed to the Mission Director, National Health Mission the fourth respondent herein requested change in the mode of salary from daily wages to consolidated pay. Their representation was considered and proposed in the supplementary PIP 2016- 2017. It was also placed in the 32nd E.C. Agenda No-14/2017 and necessary approval was obtained. The AYUSH Medical Officers are paid a contract salary of Rs.26,000/- per month with 5 % increment as approved by Government of India and the same is in force till date. 11. The petitioners' contract period is for 11 months only in a year. At the time of completion of 11 months period, the petitioners are given a break of one day. A performance analysis on the petitioners services rendered during their previous contract period of 11 months is done based on prescribed parameters like Regular Attendance, individual Work performance in the concerned PHC and General Discipline and if found satisfactory, the petitioners are again appointed as contract AYUSH Medical Officers in the subsequent year. The petitioners are not engaged by the State Government. They are engaged as consultants by the State / District Health Societies under a special indicated programme AYUSH of National Health Mission. The petitioners are not an employee of the State Government. Their subsequent contract period depends on their previous contract period work performance analysis only. 12. With reference to the reliance placed by the petitioners in the case of Federation of All India Customs and Excise Stenographers Vs. Union of India reported in [1998 SCC (3) 91], the respondents have contended that the said judgment is not applicable to the petitioners cases, since the method of recruitment varies with the regular AYUSH Medical Officers. The Regular AYUSH Medical Officers are appointed in the sanctioned regular post of the State Government and in accordance with the Recruitment Rules in force. But the petitioners have been appointed by the District Health Societies under a specially indicated programme of AYUSH of National Health Mission, on contractual terms and conditions. Therefore, the petitioners cannot compare themselves with the regular AYUSH Medical Officers, who were appointed in sanctioned posts in the time scale of pay. 13. But the petitioners have been appointed by the District Health Societies under a specially indicated programme of AYUSH of National Health Mission, on contractual terms and conditions. Therefore, the petitioners cannot compare themselves with the regular AYUSH Medical Officers, who were appointed in sanctioned posts in the time scale of pay. 13. It is contended that the petitioners have been appointed as consultancy under a special program of National Health under contractual obligations only. The petitioners are appointed for a period of 11 months only. Based on the individual work performance analysis subsequent further contract period will be entertained after one day break (i.e., one working day) with the due approval of District Health Society concerned. Further, the petitioner should not compare the AYUSH regular Medical Officers, who all are receiving regular time scale salary. 14. The learned Special Government Pleader appearing for the respondents reiterated that the regular AYUSH Doctors are working for 8 hours per day and the contract AYUSH Doctors are working for 6 hours per day only. The letter issued by the Project Director, Reproductive and Child Health / Mission Director, National Health Mission addressed to the Secretary to Government, Health and Family Welfare Department dated 05.03.2019, reveals that the timing is fixed as 09:00 a.m. to 03:00 p.m., alternate days – 3 days a week. Now the contract AYUSH Medical Officers are receiving consolidated pay salary. This being the factum, the respondents have stated that the petitioners are not entitled for equal pay on par with regular AYUSH Medical Doctors, who all are working in the sanctioned posts in a time scale of pay. 15. Unequals cannot be equated. Equal pay for equal work is applicable only if the person claiming is able to establish that he was recruited in a similar manner and performing the duties and responsibilities. In the present case, the learned counsel for the petitioners reiterated that the duties and responsibilities are similar and there is no distinction. However, the respondents have distinguished by stating that the contract AYUSH Medical Officers are working 6 hours per day and the regular AYUSH Medical Officers are allotted with many other works and they are working 8 hours per day and even as per their duties and responsibilities. However, the respondents have distinguished by stating that the contract AYUSH Medical Officers are working 6 hours per day and the regular AYUSH Medical Officers are allotted with many other works and they are working 8 hours per day and even as per their duties and responsibilities. The contract AYUSH Doctors are working 3 days per week and the regular Doctors have to work in accordance with the Government Regulations and even during emergency circumstances they are expected to work beyond the office hours. Therefore, the nature and the duties attached to the regular AYUSH Medical Officers cannot be compared with the Contractual AYUSH Doctors, who all are employed on contract basis for a consolidated pay salary. 16. The principles of equal pay for equal work cannot be merely applied based on the cadre. The various factors leading to the nature of the appointment, service conditions and other aspects are to be considered by the Courts, while dealing with the principles of the equal pay for equal work. 17. In the case of State of Haryana and Others Vs. Charanjit Singh and Others reported in [ (2006) 9 SCC 321 ], the three Judges Bench of the Honourable Supreme Court of India held that “The application of the principles of 'equal pay for equal work' requires consideration of various dimensions of a given job. The accuracy required and the dexterity that the job may entail may differ from job to job. It cannot be judged by the mere volume of work. There may be qualitative difference as regards reliability and responsibility. Functions may be the same but the responsibilities made a difference. Thus normally the applicability of this principle must be left to be evaluated and determined by an expert body. These are not matters where a writ Court can likely interfere.” 18. In the case of Union of India and Others Vs. Dineshan.K.K reported in [Manu/SC/0395/2008], the Honourable Supreme Court of India observed that “It has been observed that equation of posts and equation of pay structure, being complex matters, are generally left to the Executive and expert bodies like the Pay Commission etc. It has been emphasized that a carefully evolved pay structure ought not to be ordinarily disturbed by the Court as it may upset the balance and cause unavoidable ripples in other cadres as well. 19. It has been emphasized that a carefully evolved pay structure ought not to be ordinarily disturbed by the Court as it may upset the balance and cause unavoidable ripples in other cadres as well. 19. The Doctrine of equal pay for equal work is not an abstract doctrine. The principles for equal pay for equal work has no mechanical application in every case. The very fact that the person has not gone through the process of recruitment may itself, in certain cases, makes a difference. Thus, the application of the principle of 'equal pay for equal work' requires consideration of various dimensions of a given job. Granting pay scale is a purely executive function and hence the court should not interfere with the same. It may have a cascading effect, creating all kinds of problems for the Government and authorities. 20. In the context of the above principles the facts placed before this Court in these writ petitions reveals that the nature of appointment of the regular AYUSH Medical Officers cannot be compared with the contract appointment of the writ petitioners as AYUSH Medical Officers for a consolidated pay salary. The regular AYUSH Medical Doctors are appointed against sanctioned post in the time scale of pay and they were appointed in accordance with the Recruitment Rules in force and through open competitive process. But the petitioners were appointed on contract basis for a period of 11 months and on expiry of the contract period based on their performance, the contract was extended. Initially, the payment was made on daily wage basis and subsequently, at the request of the contract Doctors, the Government is paying the consolidated pay salary. The working hours are incomparable and the responsibilities on the regular Medical Officers cannot be compared with the contract Medical Officers. The contract Medical Officers are performing part-time duties and they are working 3 days per week and 6 hours per day. Therefore, their working hours, duties and responsibilities cannot be compared with the regular Medical Officers, who all are performing their duties and responsibilities as per the Government guidelines and even on emergency circumstances, they are bound to work beyond the working hours. Thus, the nature of duties and responsibilities, method of recruitment and other conditions of the contract AYUSH Medical Officers cannot be compared with the regular AYUSH Medical Officers. Thus, the nature of duties and responsibilities, method of recruitment and other conditions of the contract AYUSH Medical Officers cannot be compared with the regular AYUSH Medical Officers. Thus, both are unequals and cannot be treated as equals in the matter of fixation of pay. 21. That apart, the petitioners have accepted the terms and conditions of the contract and serving as contract AYUSH Medical Officers under the scheme introduced by the Government of India. It is the scheme related appointment and they have agreed with the terms and conditions and therefore, now they cannot turn around and claim equal pay on par with the other regular AYUSH Medical Officers, who all are serving in the Department of Health and Family Welfare. Once an employee agreed the contractual terms and conditions, they are bound by that and they cannot claim any benefit by comparing the other regular AYUSH Doctors, who all are working in a sanctioned post. 22. This being the distinction drawn in respect of the nature of the services, mode of appointment and duties and responsibilities etc., the claim of the writ petitioners are not well founded and therefore, this Court is of an opinion that the petitioners cannot be considered as equals on par with the regular AYUSH Medical Officers, who all are working in a sanctioned post in the time scale of pay. Thus, the order impugned is in consonance with the established principles and there is no infirmity as such. 23. Accordingly, these Writ Petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.