Punjab doctors working as Assistant Professors in medical institutions to get salaries under 2016 Rules

Doctors working as Assistant Professors in medical education institutions in Punjab will get salaries in accordance with the Punjab Medical Education (Group-A) Service Rules, 2016 as the Supreme Court has upheld the Punjab and Haryana High Court’s verdict that had asked the state government to refrain from pick and choose.

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“We see absolutely no occasion to interfere with the well-considered order of the Division Bench of the High Court, in exercise of our jurisdiction under Article 136 of the Constitution of India,” a Bench of Justice Sudhanshu Dhulia and Justice K Vinod Chandran said, dismissing the Punjab Government’s petition challenging the high court’s order.

The doctors working as Assistant Professors in medical institutions had sought pay parity with junior promotee Assistant Professor Doctors.

In its December 10, 2024, order, a Division Bench of the high court had upheld the September 13, 2024, order of a Single Judge directing the Punjab Government to grant pay scale of the post of Assistant Professor to doctors working on such posts as envisaged under the Punjab Medical Education (Group-A) Service Rules 2016, instead of the 7^th Central Pay Commission.

The high court’s Division Bench had pulled up the state of Punjab for capricious and irrational action. “It is apt to notice that the arbitrary and unreasonable action of the state has compelled the doctors to knock the portals of this court. The doctors ought to be treated with respect and dignity and given their lawful dues under the rules,” the HC had said, upholding the Single Judge’s order.

“Merely because in the advertisement/appointment letters, the state had prescribed a lower pay scale, the same cannot come in the way of the respondents seeking the enforcement of their lawful rights. It is trite that the executive instructions cannot override statutory rules,” the Division Bench had said.

The dispute arose after the doctors appointed under the 2016 Rules were denied the prescribed pay scales of Rs 37,400 to 67,000 with grade pay of Rs 8,600 as the state government applied lower central pay scales.

The affected doctors first went to a Single Bench which ruled in their favour and the order was upheld by the Division Bench, terming the state’s action as arbitrary.

As the Division Bench directed the Punjab Government to comply with the 2016 Rules, the state government moved the top court which finally dismissed its petition on January 20.