KRISHAN DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions substantially raise one question. That is about the validity of the combined seniority list dated 21st April 1979 which was framed in pursuance of the letter of the Government of India dated 6th October 1978. In the last analysis it is the validity of the letter dated 6th October, 1978 which is in question in these two petitions.

(2.) For the sake of convenience I will take up Civil Writ Petition No. 977 of 1979 first. Kishan Das and Brij Lal are the two petitioners in this case. They were denied the Selection Grade of Pharmacist by the Union of India, Ministry of Health and Family Welfare. So they filed this petition claiming the selection grade.

(3.) In the Central Government Health Scheme (C.G.H.S.) there were the following posts of Pharmacists Grade-11, Pharmacists, Pharmacists-cumClerk/ Store-Keeper and lastly the Selection Grade. Prior to the Third Pay Commission their scales of pay were much lower. The Third Pay Commission raised, their pay. The recommendations of the Pay Commission were given effect to on 1-1-1973 and the Pay Scales were revised. The following table gives the Pay Scale prior to 1-1-1973 and after 1-1-1973 :- <FRM>JUDGEMENT_224_DRJ5_1983Html1.htm</FRM>