The Karnataka High Court has directed the State government, and other respondents to in two weeks time file their statement of objections to a petition filed by five post graduate doctors, claiming they are being paid less salary than prescribed while carrying out compulsory one year Urban service in terms of the Karnataka Compulsory Training Service By Candidates Completed Medical Courses Act 2012(KCS Act).
Justice R Devdas on Wednesday allowed the amendment application filed by the petitioners for deleting words 'Medical Council of India' which is respondent 3 and in its place insert the name National Medical Commission.
The petitioners Dr Suhas Murali and others have moved the court stating that they have completed their Super Specialty (DM/MCh) in different subjects in the year 2019. Under the Act, the petitioners have been allotted posts by the state government in September 2019, the pay scale indicated in the said orders of appointment is Rs.55,000 per month.
The petitioners were surprised to find out that the pay scale of one of their colleagues who is also appointed as per the 2012 Act, to the Department of Anaesthesia, to the very same post as these petitioners is fixed at Rs.80,000.
Advocate M Shamil appearing for the petitioners argued that "This action of the respondents would demotivate them (doctors) and would not act as an encouragement to come forward and join the Compulsory Service." He submitted to the court that management quota students have approached the court in appeal challenging the applicability of the Act to them. By way of interim relief the court has directed the state government not to insist the appellants before the court (281 PG Doctors) should join their respective places for the purpose of carrying out compulsory Urban service till November 11.
The plea states that Section 5 of the said Act which specifically covers those candidates who have completed Super Specialty courses stipulates that the candidate shall be paid such stipend as may be prescribed equal to hundred rupees less than minimum of gross salary of senior specialist of the Health and Family Welfare Department.
Further, in addition to the basic pay at minimum of Rs.67,550 a dearness allowance thereon is to be paid and senior specialist is also paid House Rent Allowance, City Compensatory Allowance, etc.
It is stated in the plea that the Petitioners are entitled to be paid all these amounts that are paid to a Senior Specialist with nominal deduction of Rupees One Hundred Only on the gross salary, therefore the condition imposed in orders of appointment stipulating the stipend at Rupees Fifty Five Thousand only per month is not only discriminatory and arbitrary but also contrary to Section 5 of the Act.