(1.) The employee Krishna Bihari Dubey, working in the Border Security Force has assailed in this writ appeal, the correctness of the final order/judgment dated 15.12.2000, passed by the Writ Court in Writ Petition No. 1115/1998, wherein the writ Petitioner/Appellant had questioned the legality and correctness of an order dated April 2, 1998, which was passed by the Director, Border Security Force, wherein he was not found eligible for the grant of pay-scale of a "qualified pharmacist" (while rejecting the representation of the writ Petitioner) and the Writ Court had found the logic of denial to be correct.
(2.) The facts of the matter reveal that the writ Appellant Krishna Bihari Dubey was initially appointed as a Constable on August 6, 1974, in the Border Security Force, when in the year 1981-1982 he sought permission of the Departmental authorities for being sent for the training of compounder, which was granted to him, consequent to which he underwent compounder's training in between dates 25.6.1982 to 25.4.1983 at Shyamshah Medical College and Gandhi Memorial Hospital, Rewa and upon passing this one year training course, he was issued a certificate (Annexure p-1) of passing "Compounder's Training Course' by the Training College.
(3.) It further emerges from the record that upon completing the "Compounder's Training Course" the writ Appellant got himself registered with the Madhya Pradesh Pharmacy Council as a "Pharmacist" under the provisions of the Pharmacy Act, 1948 and a Registration Certificate (Annexure P-2) was issued on date 16.5.1983 by the Pharmacy Council to the writ Appellant in terms of Clause (c) of Section 31 of the Pharmacy Act, by conferring upon him all such privileges which a Pharamacist, registered under Section 31 (c) would be entitled for. Since the entire matter revolves around Section 31 and Section 32 of the Pharmacy Act, the same is being quoted herein below: