"Can't Travel Beyond Original Judgment": Jammu & Kashmir HC Rejects Contempt Plea Against Health Dept For Excluding AYUSH Doctors From Performance Incentives

The Jammu and Kashmir and Ladakh High Court recently refused to initiate contempt action against officials of National Rural Health Mission (NRHM) for exclusion of AYUSH doctors from grant of performance based incentives offered to MBBS doctors.

The contempt plea was based on a 2014 judgment of the High Court holding that doctors under AYUSH system and MBBS doctors serve similar roles and their common object is to treat patients. Thus, there cannot be disparity in their pay scales. A 2012 notification prescribing enhanced remuneration of Rs. 25,000 to MBBS doctors was thus directed to be extended to AYUSH doctors as well.

The State, alleged contemners, informed the Court that the direction was implemented and arrears were being paid in a phased manner.

The contempt-petitioners, AYUSH doctors, however challenged a 2021 notification whereby remuneration of both classes of doctors was revised to Rs.35,000/ per month but MBBS Medical Officers were given Rs.15,000/ per month as a special performance based incentive with an increment of Rs.5,000/ but in the case of AYUSH Medical Officers, the increment of Rs.10,000/ per month was provided.

Refusing to interfere in the matter, Justice Sanjay Dhar observed,

"It is not in dispute that pursuant to the order of the Writ Court, though belatedly, remuneration of the petitioners was brought at par with the remuneration of MBBS doctors by enhancing their remuneration to Rs.25,000/ per month from the date said enhancement was made in favour of MBBS doctors...While it may not be appropriate for this Court in these proceedings to make any observation as regards the justification or otherwise of the action of respondents in granting performance based incentive in favour of MBBS doctors, one thing is clear that the same gives a separate cause of action to the petitioners. This Court, in these proceedings, cannot test the merits of the aforesaid action of the respondents and pass any direction in this regard as the same would be beyond the jurisdiction of this Court."

The bench reiterated that the power of contempt is of a special nature and it needs to be exercised with care and caution; a Court cannot travel beyond the original judgment while exercising its contempt jurisdiction, it said.

In view of the said legal position the bench dropped the contempt proceedings.

Case Title: Robkar Vs Vivek Bhardwaj & Ors

Citation: 2023 LiveLaw (JKL) 83

Click Here To Read/Download Judgement