Subject: discriminatory and arbitrary remuneration revision under national aids control programme (n

To The Respected Experts, LawyersClubIndia Subject: Discriminatory and Arbitrary Remuneration Revision under National AIDS Control Programme (NACP Phase IV) — Unequal Treatment Among Contractual Facility-Level Staff Background: The National AIDS Control Organization (NACO), Ministry of Health & Family Welfare, Government of India, implements the National AIDS Control Programme (NACP) as a 100% Central Sector Scheme. The programme is executed through State AIDS Control Societies (SACS) in all States and Union Territories. At the facility level (health centres/hospitals), several cadres of contractual staff are engaged under the programme. These include Medical Officers, Counsellors, Lab Technicians, Data Managers, Care Coordinators, Staff Nurses, and other roles, with differing educational qualifications and responsibilities. All these employees work under the same scheme (NACP Phase IV) on contractual terms, receiving consolidated remuneration, without regular government employee benefits like pay scales, increments, or retirement benefits. Key Facts: All facility-level employees working under NACP Phase IV are contractual staff appointed on consolidated remuneration. In 2009, a uniform revision of remuneration was granted for all cadres. In 2014, another revision was made for all cadres, based on their years of experience. In 2020, a major anomaly occurred — where only one cadre (Medical Officers) were granted a special revision of remuneration. Their entry-level salary was increased, and additional increments were sanctioned for every year of experience. Other cadres like Counsellors, Lab Technicians, Staff Nurses, Data Managers, and Care Coordinators were entirely excluded from this 2020 revision and continued with old pay. In 2022, a mere 10% increment was uniformly given to all cadres including Medical Officers. However: By this time, Medical Officers had already enjoyed two successive revisions (2020 & 2022) within two years. Other cadres received only one small revision (10%) after a long gap of over 10 years. This has created a wide disparity in remuneration between Medical Officers and other facility-level cadres under the same NACP Phase IV scheme. Issue for Legal Clarification: Whether this discriminatory and arbitrary pay revision policy within the same government programme (NACP Phase IV), among similarly placed contractual employees engaged under identical terms of employment, constitutes: Violation of Article 14 of the Constitution of India (Right to Equality before law and Equal protection of laws) Unfair labour practice under labour jurisprudence Administrative arbitrariness under public employment principles And whether such employees are entitled to the protection of the principle of ‘Equal pay for equal work’ as upheld by the Hon’ble Supreme Court of India in various judgments, even for contractual/temporary public employment. Points Requiring Expert Opinion: Can this act of granting two pay revisions exclusively to one cadre (Medical Officers) within two years while denying other similarly situated cadres any revision for over 10 years (except a 10% hike in 2022) be termed as discriminatory and violative of equality principles? Can the affected employees or their recognised association/union file a writ petition under Article 226 of the Constitution of India before the Hon’ble High Court for equal treatment and fair pay revision? Whether this treatment amounts to an unfair labour practice and administrative arbitrariness in a centrally sponsored scheme executed through state-level societies. Whether any courts have issued directions or judgments in similar cases relating to discriminatory pay revisions among similarly placed contractual employees within the same government programme?” Kindly provide your valuable expert legal opinion on the above facts and suggest appropriate legal remedies, procedural routes, and case references for the benefit of the aggrieved employees. With kind regards