STATE OF HARYANA Vs. RAM SARUP SHARMA

JUDGEMENT

(1.) State of Haryana has come up in appeal against the judgment dated 17.9.1992 whereby the respondents' claim for grant of two advance increments as were given to persons possessing higher qualification of BAMS/GAMS was allowed, with a further direction to the authorities to pay them the arrears of pay.

(2.) It is the case of the petitioners that they were recruited in the service of Ayurvedic Department of the former State of Punjab prior to 1.11.1966. All the petitioners possess the necessary educational qualification as prescribed for the posts of Vaidyas. On re-organisation of the State of Punjab all the petitioners were allocated to the State of Haryana and are presently serving in the State. According to the petitioners State of Haryana revised the pay scales of Vaids/Hakims on 6.10.1981. This revision of pay scales was with effect from 1.4.1979/1.2.1981. Copy of the letter is annexure P-2. However, the grievance of the petitioners is that they form one cadre and belong to the same service yet have been discriminated as some of the persons who possess BAMS/GAMS degrees have now been given two advance increments. Such an action being discriminatory and otherwise unjust deserves to be quashed, directing the authorities to treat the members of the same cadre as equal, thus, awarding the petitioners two advance increments as have been awarded to the persons possessing BAMS/GAMS degrees.

(3.) State of Haryana in its written statement emphasised that though the petitioners were recruited to the posts of Vaidyas but none of them possess degrees of GAMS/BAMS. According to the stand taken by the State of Haryana no doubt prior to 7.4.1972 persons holding the degrees and diplomas are appointed on the posts of Vaidyas/Hakims but in 1972 the Government considered all aspects regarding qualifications for recruitment to the posts of Vaidyas/Hakims under Haryana Government and decided that henceforth persons possessing the following qualifications will be appointed to the posts of Vaidyas/Hakims :- "Sr. No. Name of Degree (For the post of Vaidya) Name of Institution conferring the Degree 1. G.A.M.S. Faculty of Ayurvedic and Unani Systems of Medicine 2. G.A.M.S. Faculty of Ayurvedic and Unani Systems of Medicine 3. A.M.S. Banaras Hindu University 4. A.M.B.S. Banaras Hindu University 5. A.M.B.S. Board of Indian Medicine 6. B.I.M.S. -do- 7. B.I.M.S. Board of Ayurvedic/Unani Systems of Medicine 8. Bhisgacharya/Ayurvedacharya Jaipur Rajasthan For the Post of Hakim 1. Kamil-Ul-Tibbo-Zarahat (in Urdu) Unani Tibia College 2. Fazil-Ul-Tibbo-Zarahat (in Arabic) -do- 3. B.U.T.S. (Bachelor of Unani Tibb and Surgery) Aligarh University. 4. B.U.M.S. (Bachelor of Unani Tibb and Surgery) Aligarh University.