ABHAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two writ petitions involving a similar question of fact and law, praying similar relief for directions to the respondents to place the writ petitioners, who are all working as Havildar Pharmacists in the Assam Rifles, in the pay scale of Rs. 4500 -125 -7000/ - p.m. w.e.f. 10.11.1997 with all consequential benefits including arrear monetary benefits were jointly heard for being disposed of by a common judgment and orders. Heard Mr. M.Chanda, learned counsel appearing for the petitioners as well as Mr. R.Deb Nath, learned CGC appearing for the respondents.

(2.) THE concise facts leading to the filing of the present writ petitions are noted. The writ petitioners had completed their education upto matric and thereafter pursued 2(two) years diploma course in pharmacy from a recognized institution and after successful completion of the diploma course, got registered with Pharmacy Council of India. The Pharmacy Council of India is a statutory body constituted under the Pharmacy Act, 1948 to regulate the practice of profession of pharmacy. The Pharmacy Council of India framed the Educational Regulations, 1981, under which the minimum qualification for admission to diploma in pharmacy was matriculation and the duration course of diploma was 2(two) years and 1750 hours of practical training. The Education Regulation, 1981, was replaced by the Education Regulation, 1991, w.e.f. 11 -7 -1992 under which the minimum qualification for admission to diploma in pharmacy was intermediate examinations (10+2) in Science. The course duration of diploma was 2(two) years and 500 hours of practical training. All the pharmacists who have completed their diploma in pharmacy from a recognized institution under the Education Regulation, 1981, or Education Regulation, 1991, and registered with Pharmacy Council of India are entitled to practice as registered pharmacists.

(3.) THE Assam Rifles issued an Advertisement No. 12016/1/ADM/1997/ADV published in the Employment News dated 25.7.1987 inviting applications for recruitment to the post of Havildar Pharmacist in the Assam Rifles in the pay scale of Rs. 975 -25 -1150 -EB -30 -1660/ - p.m. (pay scale under the 4th Central Pay Commission). The essential qualifications for the post of Havildar Pharmacist in Assam Rifles mentioned in the said advertisement were (i)Matriculation with Mathematics and Science,(ii) Diploma (2 years) in Pharmacy from a recognize institution and (iii) registration with State Pharmacy Council under Pharmacy Act, 1948. The relevant portions of the said advertisement are quoted hereunder: "DIRECTORATE GENERAL ASSAM RIFLES Shillong - 793011