Introduction:

In a landmark decision, the Allahabad High Court addressed the plight of Multi-Purpose Health Workers (Male) in Shiv Pratap Maurya And Others v. State Of U.P. Through Prin. Secy. Deptt. Of Medical Health And Others. The case centered on the violation of Article 23 of the Constitution, which prohibits ‘Begar’ (forced labor), and its implications on the right to livelihood under Article 21. Justice Manish Kumar delivered a verdict with far-reaching consequences, underscoring the significance of constitutional protections for workers’ rights.

Arguments:

The petitioners, represented by Shri Sandeep Dixit, Senior Advocate, contended that their appointments under the National Rural Health Mission entitled them to employment beyond the initially stipulated period. They argued for the continuation of salaries and regularization of their positions post the scheme’s expiration. Conversely, the Union Government, represented by Shri S.B. Pandey, Senior Advocate, asserted limited liability for a three-year period, while the State argued cessation of payments upon the scheme’s closure.

Court’s Judgement:

Justice Manish Kumar, in his verdict, emphasized the broader implications of Article 23 in prohibiting ‘Begar’ and safeguarding the right to livelihood. Citing precedent, the court held that non-payment of salaries constituted ‘Begar’, warranting compensation for the workers. The court directed both the Union and State governments to disburse salaries for the initial three-year period, with subsequent payments falling under the State’s purview. Moreover, the court denounced the State’s directive against employing the workers, affirming the sanctity of its interim orders.