GUJARAT STATE PHARMACIST ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is the association of Pharmacist of Gujarat State and have invoked Articles-14 and 16 of the Constitution for the relief of placing Sr. Pharmacist in pay-scale of RS.1640-2900 instead of Rs.1600-2660, with effect from 01.01.1986 with all consequential and incidental benefits.

(2.) The petitioner has relied upon the alleged anomaly in revision of pay-scales pursuant to recommendations of the First, Second, Third and Fourth Pay Commissions, whose recommendations have been incorporated into Revision of Pay Rules, from time to time.

(3.) It was vehemently argued by learned Counsel, Ms. Thula, that while Sr. Pharmacist were in the pay-scale of Rs.1600-2660, the employees in other categories viz. Assistant Matron(Grade-III), Sister Tutor, Sr. Leprosy Supervisor, Sales Tax Inspector and Stenographers were in the lower pay-scale of Rs.1400-2600 in the Revision of Pay Rules, 1987. While revising pay-scales in the year 1991, pay-scales of all other categories were revised to Rs.1640-2900, whereas the cadre of Sr. Pharmacist was not given any pay revision and kept in the same pay-scale of Rs.1600-2660. Therefore, an obvious anomaly and injustice had arisen, which was required to be redressed. Learned Counsel also relied upon report of the Committee constituted by the Pharmacist Council of India regarding pay-scales and service conditions of the pharmacist which was approved by Pharmacist Council of India on 19.04.1994; according to which the recommended pay-scale for Pharmacists was Rs.1400-2600 and for Sr. Pharmacists it was Rs.1640-2900. It was on that basis submitted that the revision of pay-scale in the later Revision of Pay Rules, 1987, was irrational, arbitrary and inconsistent with the recommendations of the Expert Committee constituted by the Pharmacy Council of India.