Heard learned counsel for the petitioners, Shri Surya Bhan Singh, learned Standing Counsel for the State, Shri Prashant Singh, learned counsel for the respondent no.1 and Shri Hemendra Kumar Mishra, learned counsel for respondent no.3.
The petitioners are assailing the validity of order dated 05.12.2020 issued by the Chief Medical Officer, Deoria/respondent no.4, whereby, pursuant to letter no.SPMU/NHM/Ayush/HumanResource/2020-21/4556 dated 04.11.2020, the services of petitioners on contractual basis has been discontinued.
The petitioners were appointed as Ayush Doctor under the National Health Mission U.P., Lucknow on contractual basis.
Precise case has been set up that the petitioners are entitled to continue till the age of 70 years. Counsel for the petitioners, in support of his submission, has placed reliance on the Division Bench judgement of this Court dated 28.07.2011 passed in Writ A no.23314 of 2011 (Dr. Kashi Nath vs. Union of India and others), wherein, it is held that the male and female Ayush Doctors and pharmacists are entitled to continue in service till the scheme continues. Reliance has also been placed on the judgement passed by the Lucknow Bench of this Court in Service Bench no.769/2011 (Dr. Devendra Pratap Singh and others vs. Union of India thru Secy. Health and Family Welfare) dated 08.07.2011, against which a Special Leave to Appeal no.28122/2011 (Mission Director National Health Mission vs. Devendra Pratap Singh and others) has also been preferred but the same was dismissed by judgement and order dated 18.10.2011.
Per contra, learned counsel for the contesting respondent has placed reliance on the Human Resource Police for Contractual Staff NHM-UP, wherein, clause 1 of Chapter 12-Miscellaneous provides that "the employment term for the contractual staff shall be from the age of 18 years upto age of 65 years. Exemption shall be allowed for the medical officers and specialist (except AYUSH Medical Officers and Specialist as per guidelines issued vide letter no.03/SPMU/NHM/AYUSH/Manav Sansadhan/2018-19/2457 dated 18.06.2019) posted at health facilities to work after 65 years of age upto 70 years of age, subject to medical fitness report issued by the Chief Medical Officer". He has also placed reliance on the order dated 12.10.2020 passed in Writ A no.2422 of 2020 (Dr. Akhilesh Gupta vs. State of U.P. and others).
For ready reference, the order dated 12.10.2020 is extracted as under:-
"The petitioner was appointed as Ayush Doctor in the year 2010 under the National Health Mission U.P., Lucknow on contract basis. The petitioner has crossed 65 years as on date and his services have been discontinued. In this writ petition, the petitioner claims that he is entitled to continue till the age of 70 years.
Sri Virendra Pratap Singh, learned standing counsel and Sri Hemendra Kumar Mishra, learned counsel for respondent no.3 contend that the Ayush Doctors are entitled to work only upto 65 years of age. The benefit of extension of age from 65 years to 70 years is only available to medical officers and specialists. Such benefit is specifically denied to Ayush Medical Officer. The relevant policy guidelines are extracted hereinunder:
"The employment term for the contractual staff shall be from the age of 18 years upto age of 65 years. Exemption shall be allowed for the medical officers and specialist (except AYUSH medical officers and Specialist as per guideline issued vide letter no.03/SPMU/NHM/AYUSH/Manav Sansadhan/2018-19/2457 dated 18.06.2019) posted at health facilities to work after 65 years of age upto 70 years of age, subject to medical fitness report issued by the Chief Medical Officer."
In such view of the matter, the petitioner's claim for grant of extension till the age of 70 years is misconceived. The petitioner has called attention to a somewhat different version of the same guidelines of the National Health Mission in his writ petition. The version of the policy guidelines brought in the record by the petitioner in the writ petition is disbelieved. The document appended by the respondent State authorities bringing relevant guidelines in the record is accepted. The order dated 3.5.2019 and 10.8.2020 on which reliance has been placed for to be read consistently with the guidelines for employment of contractual staff (as extracted in the preceding para of this writ petition).
In case, some Ayush Doctors have been granted extension in the teeth of the Government Policy the Mission Director is directed to take appropriate action in the matter within a period of one month from the date of receipt of copy of this order. A copy of this order be forwarded to Mission Director for appropriate action.
The claim of the petitioner is misconceived.
The writ petition is liable to be dismissed and is dismissed."
The Court has the occasion to peruse the record as well as the policy guidelines of Human Resource Police for Contractual Staff NHM-UP and finds that the case of petitioners is clearly distinguishable to the dictum of Kashi Nath (supra) and Devendra Pratap (supra) as the benefit of extension of age from 65 years to 70 years is only available to medical officers and specialists and the same is denied to Ayush Medical Officer. The observations made in Arvind Kumar Gupta (supra) is attracted in the present case.
The claim set up by the petitioner is misconceived and consequently, the writ petition is dismissed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 A. Pandey