M C MANKAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, since deceased, now represented by his heirs and legal representatives, filed this Special Civil Application and prayer has been made for quashing and setting aside the impugned action of the respondents not allowing him to have his name as qualified Compounder in the Registration of the Gujarat Pharmacy Council Act, 1948, and that the action of resoondent No. 1 not giving the benefit of the Circular and Resolutions, annexures 'C' & 'D', be declared void and unconstitutional . Further prayer has been made for giving direction to the respondents to give him pay prescribed for the qualified Compounders.

(2.) The petitioner, since deceased, was appointed as a Compounder in the Government Services on 27 March, 1963. In the Desai Pay Commission, which has been given effect from 1.1.73, two different pay scales have been prescribed with reference to the qualifications to be given to the Compounders, namely Rs. 260-400 for the unqualified Compounders and Rs.330-560 for qualified Compounders. The Fourth Pay Commission has maintained the said distinction. The Petitioner's pay was fixed with effect from 1.1.73 in the revised pay scale prescribed for unqualified Compounders and he has never made any grievance against that prescription of his pay. The petitioner filed this Special Civil Application in the year 1984 and even if we go by the fact that the revised pay scale Rules were framed in the year 1975 then too the delay in filling this Special Civil Application with the prayer for his entitlement for the pay scale prescribed for qualified Compounders is of more than nine years. The petitioner has failed to give any satisfactory explanation for this delay.

(3.) The learned counsel for the petitioner made two fold contentions in this case. First, it is contended that the post of Compounders was re-designated as Junior Pharmacist and the unqualified Compounders were asked to undergo training according to the seniority so that the successful completion of training may be followed by their registration as Pharmacist and they may be taken as Junior Pharmacist (qualified Compounders) but the petitioner was not sent for training and as such he was deprived of becoming a junior Pharmacist (qalified Compounder). It has next been contended that the petitioner has also applied for his registration as Pharmacist under the provisions of the Gujarat Pharmacy Council Act, 1948, but that registration has also been illegally denied to him . The learned counsel for the respondents contended that the petitioner has no case whatsoever on merits.