A J SUMRA Vs. COMMISSIONER

JUDGEMENT

(1.) Heard Shri Supehia, learned counsel for the petitioner and Shri Oza, learned AGP for respondents.

(2.) The petitioner has approached this Court under Article 226 of the Constitution of India interalia praying that the Office Order dated 24.9.1992 and 9.4.1997 be quashed and set aside so far as it pertains to the petitioner and directed the respondent No. 1 to place the petitioner in pay-scale of Rs.1600-2660 with effect from 1.6.1987. The contention of the petitioner is on the aspect that he had in fact was given the pay scale which was permissible to the qualified compounder as he had cleared the prescribed test and his case was therefore, rightly recommended for qualified compounder by the concerned Civil Surgeon. The petitioner was in fact appointed as compounder and was given the pay scale of qualified compounder. However, while according the higher pay scale under the scheme of giving higher pay scale after completion of 9, 18 and 27 years of service, he was treated to have been unqualified compounder, which is erroneous and deserves to be rectified.

(3.) The respondents have contended that the petitioner being not registered compounder, he was required to be treated as unqualified compounder. Government Resolution annexed with the affidavit in reply dated 8.10.1956 contains provisions that the person could be appointed as compounder if he has passed the prescribed examination for compounder.