SHYAM BABU VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions under Article 32 of the Constitution have been filed on behalf of the three petitioners, questioning the validity of an order dated 15/06/1984 issued by the Chief Superintendent, central Hospital (Northern Railway) , New Delhi.

(2.) After the petitioners had been duly registered as Pharmacists by the Registrar, U. P. State Pharmacy council, they were appointed as Pharmacists in the Northern Railway, central Hospital, in the scale of Rs. 130-240. Since 1973 petitioners started getting the revised scale of Rs. 330-560. A seniority list of Pharmacists. in the pay scale of Rs. 330-560 was prepared in which names of the petitioners were also included. The impugned orders dated 15/06/1984 were issued to the petitioners, saying that as they were covered by clause (d) of Section 31 of the Pharmacy Act, 1948 (hereinafter referred to as the 'act') , their salary was being fixed in the scale of Rs. 330-480 instead of Rs. 330-560 with effect from 1973. It was further said that after completion of 10 years of service, they would be getting the scale of Rs. 330-560. There is no dispute that after completion of 10 years of service, petitioners have been getting the scale of Rs. 330-560. According to the petitioners, the sudden reduction of the scale of pay from Rs. 330-560 to Rs. 330-480, after several years of the implementation of the said scale has not only affected financially but even the seniority of the petitioners.

(3.) It has been stated on behalf of the respondents that aforesaid order dated 15/06/1984 had been issued in view of the Railway Board letter a dated 12/08/1975. It was pointed out that as the petitioners were not qualified Pharmacists possessing the qualifications mentioned in clauses (a) , (b) and (c) of S. 31 and 32 of the Act, they were not entitled to the pay scale of Rs. 330-560 as per recommendation of the Third Pay Commission and by the impugned orders the pay scale recommended for them was implemented.