DIPAK KALITA Vs. UNION OF INDIA

JUDGEMENT

(1.) AS the grievance of the applicants and reliefs sought for in this application are common therefore, the applicants are permitted to file this joint application under Rule 4(5)(a) of the CAT (P) Rules, 1987. By this O.A. applicants make a prayer to quash and set aside the O.M. No. 16/PF/E/2000(3) -2351 -52 dated 9.3.2011 whereby the respondents have rejected the prayer of the applicants for re -designation of their post from Compounders to Pharmacists and to grant them next higher grade pay of Rs. 4200/ - and also to grant them common category pay scale of Pharmacist cadre with effect from 01.01.2006 as recommended by Fast Tract Committee on the basis of Sixth Central Pay Commission.

(2.) APPLICANTS were directly recruited in the Intelligence Bureau as Compounder through concerned Employment Exchange. The post was said to be advertised in the year 1999 and as per the advertisement, educational qualification was (a) Matriculation or equivalent (b) Diploma in Pharmacist (c) Eligibility of Registration under Section 31(c) or Section 32 of the Pharmacy Act 1948, qualification relaxable in the case of released or retired Army Medical Corps compounder.

(3.) MR . K.K. Das, learned Addl. CGSC for the respondents appeared before us and submitted that the possibility to change the nomenclature and essential qualification for the post was examined, but the same was not found feasible due to the fact that IB neither have an organized para -medical cadre nor the infrastructure to justify the re -designation of Compounders as Pharmacists. The post of Compounder in IB is an isolated post, i.e. without any feeder or promotional ranks in hierarchy of the cadre. As a result, no promotional avenues are available for Compounders in IB except three financial upgradations with the Grade Pay of Rs. 4200, 4600 and 4800 on completion of 1/20/30 years service under MACP Scheme. Since there is no common category post with the designation of Pharmacist, the order of upgradation of pay scale of common category cadre of Pharmacist is not applicable. It was further stated by Mr. Das that qualification for common category of Pharmacist are (i) 10 + 2 and (ii) Two years Diploma in Pharmacy and Registration with the State Pharmacy Council, whereas the qualifications prescribed for the post of Compounder in Intelligence Bureau are "(i) Matriculation or equivalent, (ii) eligibility for registration under Section 31(c) or Section 32 of the Pharmacy Act, 1948. The mere fact that all the applicants have obtained Diploma in Pharmacy and registered with State Pharmacy Council does not put them under the common category post and make them eligible for grant of Grade pay of Rs. 4200/ - on grant of NFSG after 2 years of service in the grade pay of Rs. 2800/ -. Further, the post of Pharmacist (NFSG) in Grade Pay of Rs. 4200/ - in Pay Band -2 has been created with the merger of Pharmacist Grade -II (5000 -8000) and Pharmacist Grade -I (Rs. 5500 -9000), whereas these post does not exist in IB. Moreover, IB does not have an organized para -medical cadre like CRPF or ITBP and the recruitment process are also different. We have heard the rival submissions. Vide Notification dated 6.4.1987 the Ministry of Health & Family Welfare, Govt. of India rendered the necessary instruction in this regard. The relevant portion of the instruction reads as under: