NEM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are working as Pharmacists in the rank of Assistant Sub Inspector in the Central Reserve Police Force. The present writ petition has been filed seeking a direction for implementation of the recommendations of the 5th Central Pay Commission regarding restructuring of combatised pharmacist cadre and creation of promotional avenues etc.

(2.) The cadre of the pharmacist was earlier non-combatised, however, in the year 1989, the cadre of pharmacist was made combatised with designation ASI/Pharmacist. They are in Group 'C' Combatised Hospital Staff and are governed by Group 'C' and 'D' CRPF Combatised Hospital Staff Recruitment Rules, 1995. Apart from possessing the requisite qualifications, they are also required to conform to the physical standards laid down for combatised person like height, weight, chest, vision etc. and should in medical category SHAPE 1. They are also to undergo a basic combatised course of nine weeks' duration, which includes physical and weapon training.

(3.) The grievance of the petitioners is non-availability of adequate promotional avenues. Central Government established 5th Central Pay Commission and the case of the petitioners and similarly situated employees was also considered by the 5th Central Pay Commission, which gave its recommendations. Insofar the petitioners are concerned, relevant recommendations are contained in Annexure P-3 with the writ petition. Para 52.90 containing recommendations concerning the Pharmacists reads as under: -