Authority: High Court of Jammu & Kashmir and Ladakh at Jammu
Order Date: 10.07.2026
Case Overview
- Parties: Petitioners – Fatima Amin & others, contractual Multipurpose Health Workers (Female and Male) engaged under the National Health Mission (NHM) in the UT of J&K; Respondents – UT of J&K and associated officials.
- Nature of Petition: Writ petition (WP(C) No.3251/2023) seeking direction for the respondents to pay an extra allowance of Rs 6,000 per month to the petitioners who work in designated inaccessible/difficult areas.
- Background:
- Petitioners were selected and engaged on a contractual basis as Multipurpose Health Workers between 2011 and 2017.
- Initial remuneration was Rs 12,000 per month, increased by 5% annually, resulting in a current salary of Rs 25,000 per month.
- Their postings are in health institutions located in the districts of Bandipora (Gurez) and Kupwara (Keran and Machil), which they claim are “inaccessible” areas.
- Regulatory Framework:
- Executive Committee of the State Health Society, NHM, dated 11.10.2022, authorized a difficult‑area incentive of Rs 6,000 (Category A – Inaccessible), Rs 4,000 (Category B – Very Difficult), and Rs 2,000 (Category C – Difficult) for paramedical staff.
- Government Order dated 25.04.2023 extended the same incentive to management staff of NHM posted in those areas.
- An interim direction dated 15.12.2003 required the respondents to constitute an inter‑organizational committee to revise and list health institutions in difficult and hard areas across the Union Territory.
- Respondents argued that 90% of NHM activities are financed by the Ministry of Health and Family Welfare, Government of India, and that the incentive scheme applies to paramedical and management staff as per the above decisions.
- Court Findings:
- The petitioners indeed work as Multipurpose Health Workers in the specified districts.
- The Executive Committee’s categorisation (A, B, C) clearly defines which areas qualify for the extra allowance.
- The petitioners’ listed postings do not fall within any of the identified Category A, B, or C areas in District Bandipora or District Kupwara.
- As the petitioners are on contractual terms, they are entitled only to the remuneration stipulated in their contracts unless the employer voluntarily enhances it.
- The respondents have already constituted a committee to revise the list of inaccessible, very difficult, and difficult areas; any inclusion would be at the employer’s discretion.
Final Outcome
- The Court finds no merit in the petition and dismisses it.
- Notwithstanding the dismissal, the Court directs the respondents to proceed with revising the list of places to be included in the inaccessible, very difficult, and difficult categories, thereby potentially extending the extra allowance to the petitioners and similarly situated persons.
- The record is to be returned to the learned counsel for the respondents.
Topics: Health Allowance, Legal Judgment