C GIRIJAMBAL Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by special leave raises the question about the eligibility of the appellant to a higher pay scale under G.O.M. No. 574 P.R. dated October 20, 1975 with effect from November 1, 1974.

(2.) The facts giving rise to the question may be stated:the appellant passed Diploma in Ayurvedic Medicine (DAM) from Kerala University in the year 1962, having studied this course for four years and nine months with one more year of House Surgeoncy. Besides Ayurvedic Medicine this course consisted of Modern Medicine also. This Diploma is also included in the Second Schedule to the Indian Medicine Central Council Act, 1970. According to the appellant the Government of Kerala had treated the holders of D.A.M. on par with holders of G.C.I.M. (Graduate of the College of Integrated Medicine) and L.I.M. (Licentiate in Indigenous Medicine) in regard to registration of medical practitioners in modem medicine, and all the three were also entitled to Class 'A' Registration Certificate under the Andhra Ayurvedic and Homoeopathic Medical Practitioners Registration Act, 1956 (hereinafter called 'the Registration Act').

(3.) In response to the advertisement published by the Zilla Parishad, Nellore the appellant applied for appointment to the post of Medical Officer, Local Fund Ayurvedic Dispensary, Duggarajapatnam, Nellore District and after an interview on being selected she joined the duties of the post on December 26, 1963. It appears that her salary was fixed in the pay scale of Rs. 125-220, though the post carried a higher salary according to the advertisement (in fact the advertisement mentioned two pay scales for the post- (i) Rs. 220-425 for candidates holding the qualification of G.C.I.M. with House Surgeoncy and (ii) Rs. 180-320 for candidates holding the qualification of L.I.M.). The appellant, therefore, made representations to the concerned authorities saying that she was entitled to a higher pay scale but the authorities refused to give her the higher pay scale on the ground that only candidates with 'A' Class Registration could be given the scale of Rs. 180-320 and the pay scale of Rs. 125-220 was for candidates holding qualifications other than 'A' Class Registration. The appellant, therefore, applied to the Andhra Board of Ayurveda on payment of requisite fees to register her as 'A' Class Practitioner and on their refusal to do so she filed writ petition No. 3507 of 1969 in the Andhra Pradesh High Court. On a consideration of the provisions of the Registration Act the High Court held that the appellant being a person who possessed a Diploma similar to G.C.I.M. or L.I.M. was entitled to be registered in Class 'A' and the High Court further directed the Zilla Parishad that the appellant be given the higher payscale of Rs. 180-320. The High Court's directions were carried out and the appellant was given all the benefits of the higher scale of Rs. 180-320 with retrospective effect from the date of her appointment,