Court directs State to grant time scale benefits to Veterinary Surgeons on par with Medical and Dental counterparts, emphasizing non-discrimination and equal value of services
In a landmark judgment dated September 15, 2026, the Madhya Pradesh High Court (Division Bench, Jabalpur) dismissed the State of Madhya Pradesh's appeal and upheld the rights of Veterinary Assistant Surgeons and Veterinary Surgeons to receive time scale pay benefits equivalent to those of Medical Officers and Dental Surgeons. The court ruled that denying parity in pay progression based on departmental distinctions violates the principles of equality under Articles 14 and 16 of the Constitution of India.
The dispute arose when Veterinary Assistant Surgeons employed by the Animal Husbandry and Dairy Department sought the benefit of time scale pay increments after 5, 10, 15, and 30 years of service, similar to the benefits already extended to Medical Officers and Dental Surgeons under the Public Health and Family Welfare Department. While Medical and Dental officers were granted these increments timely, Veterinary Surgeons received such benefits only after 8 years of service, leading to claims of discriminatory treatment.
The State contended that since these professionals belonged to different departments governed by separate service rules, parity in pay progression was not warranted. It further relied on a recent Supreme Court decision in State of Gujarat v. Dr. P.A. Bhatt, which allowed classification based on educational qualifications between different categories of doctors.
However, the High Court analyzed the nature of duties performed by Veterinary Surgeons, highlighting the specialized and challenging role they play in treating animals, often in remote and difficult terrains. The Court underscored that Veterinary Surgeons are healers akin to Medical and Dental professionals, serving society by protecting animal health, which directly impacts rural livelihoods and the agricultural economy.
The Court relied on the principle of parity established in the Division Bench decision of the Delhi High Court in Dr. Chandra Shekhar Sahukar v. Union of India and affirmed by the Supreme Court, which recognized that employees performing similar nature of duties are entitled to equal career progression benefits irrespective of departmental differences.
Rejecting the State's argument, the Court observed that the State, as a model employer, cannot discriminate between services rendering the same nature of work. It noted that pay scales and benefits were already at par for these categories, and therefore, excluding Veterinary Surgeons from timely career progression was unjustified.
The Court quoted the celebrated American humorist Will Rogers' tribute to veterinarians, emphasizing their indispensable role: "Personally I have always felt that the best doctor in the world is the veterinarian. He can't ask his patient what is the matter. He is just got to know." This highlighted the unique skill set and challenges faced by Veterinary Surgeons.
In conclusion, the Madhya Pradesh High Court upheld the writ court's order directing the Principal Secretary, Department of Animal Husbandry and Dairy, to grant time scale pay benefits to Veterinary Assistant Surgeons and Veterinary Surgeons on the same dates as granted to Dental Doctors and Medical Officers. The judgment reinforces the constitutional mandate against discrimination in public service benefits and promotes dignity and parity among healthcare professionals in government service.
Bottom Line:
Veterinary Assistant Surgeons are entitled to the same benefits of time scale of pay as granted to Dental Surgeons and Medical Officers under the principle of parity.
Statutory provision(s):
Constitution of India, 1950 - Articles 14, 16; The Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005; Limitation Act (Section 5)
