Gujarat High Court Orders Regularization Of Multi-Purpose Health Workers Engaged In Contractual Service
Ensuring that no discrimination is borne by Multi-Purpose Health Workers (Male), the Gujarat High Court has recently held that they shall be entitled to regular pay scale from their original date of appointment and consequential benefits which were paid to similarly situated employees way back in the year 2011 and 2016. Justice Biren Vaishnav referred to previous orders of the High Court...
Ensuring that no discrimination is borne by Multi-Purpose Health Workers (Male), the Gujarat High Court has recently held that they shall be entitled to regular pay scale from their original date of appointment and consequential benefits which were paid to similarly situated employees way back in the year 2011 and 2016.
Justice Biren Vaishnav referred to previous orders of the High Court by wherein Multi-Purpose Health Workers were regularised while observing:
"Multi Purpose Health Worker (Male) who have worked continuously for so many years cannot be discriminated by taking one excuse or the other. There is no rationale in discriminating the present petitioners by treating them as employees on contractual basis when initial contract for which they were appointed is over after 11 months and thereafter, without any break, they are continued for all these years. This is particularly so, when clear cut finding has been recorded by co-ordinate Bench of this Court in Special Civil Application No.6289 of 2011 and respondents were party in these proceedings."
The Petitioner-workers therein were given contractual appointment for 11 months initially but had continued to work for several years. The Respondent authorities opposed their regularisation on the ground that their initial appointment was on a contractual basis.
The High Court had admonished the State for terminating the workers even as similarly placed workers were allowed to work in 2011 and 2016. The High Court had observed, "why all similarly situated MPHW (M) in other Districts of the State have not been covered under a uniform policy, is certainly baffling. Multi Purpose Health Worker (Male) such as petitioners, who were appointed on adhoc basis but have been denied the fruits of regular appointment only because the regular selection process was not filed until they had crossed the permissible age-limit, from a distinct class of employees."
It was also held that the action of the Respondent authorities in not regularising Health-Workers was a violation of Article 14 and Articles 16 and 21 of the Constitution of India.
The Bench further noted from the precedent that the State Government is supposed to be a model employer and therefore, it ought to ensure equal treatment for all similarly situated Health-Workers throughout the State irrespective of the District where they were working. The discrimination had caused "a great deal of anguish and heartburning to the Petitioners" for no fault of theirs.
Taking into note the observations and directions of the High Court, Justice Vaishnav directed that Petitioner-Health Workers be regularised and consequential benefits be provided within 10 weeks at par with other similarly situated employees.
Case Title: MEHULKUMAR RAMANLAL KATPARA Versus STATE OF GUJARAT
Case Citation: 2022 LiveLaw (Guj) 189