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Nurturing the Industry

June 19, 2014 in association

 

http://pharma.financialexpress.com/sections/cover-story/3400-nurturing-the-industry

Memorandum By Indian Hospital Pharmacist Association

June 12, 2014 in Uncategorized

Ref. IHPA/01/2014                                                                                                                                Date 21st May 2014

TO:

Chief Medical Officer

SWR, Gadag Road

Hubli

 

MEMORANDUM

Category                    :           PHARMACIST

Departments              :           Medical
                                           Under all Ministries, Boards, Councils, Organizations etc,.
                       

Nodal Ministry           :           Ministry of Health & Family Welfare, Govt. of India

Statutory Body          :           PHARMACY COUNCIL OF INDIA
           
Under Ministry of Health & Family Welfare, Government of India

Technical Board       :           AICTE – All India Council for Technical Education
                                                approving authority of Pharmaceutical Science curriculum

Qualification              :           “TECHNICAL”

Masters/Bachelors/Diploma in Pharmaceutical Science with 500 hours of internship and certification as

“Registered Pharmacist” by State/Central Pharmacy Council.

I on behalf of the Pharmacists’ category, humbly submit the following for your kind consideration and favorable act.

The “Pharmacist” Category is the only Medical profession declared as “TECHNICAL” as well as it is the one & only Medical course approved by “AICTE – All India Council for Technical Education”, as per AICTE Act 1987 passed by the Houses (Lok Sabha and Rajya Sabha) of Parliament, Government of India vide Gazette of India extraordinary Part-II – Section-1 (No. 75) dated December 28, 1987.

A “Pharmacist” enters the service in various State and Central Government organizations under various Ministeries, Departments, Enterprises, Councils, Boards etc, with the following qualifications:

a)    Master of Pharmacy – M.Pharm (2 years after B. Pharm)

b)    Bachelor in Pharmacy – B. Pharm (4 years after 10+2/12th in Science)

c)    Diploma in Pharmacy – D. Pharm (2   years after 10+2/12th in Science)

On completion of the above qualifications a 3-months internship in a Government recognized Hospital has to be done to be certified as a “Registered Pharmacist”. This was also observed by 5th Central Pay Commission of Government of India.

JUSTIFICATION:

Pharmacists enter service with 4-years technical Degree/Diploma in Pharmaceutical Science. All the incumbents from past 15-years are only 4-years degree holders and now 25% to 30% of incumbents entering the service as Pharmacists under the Union of India are with Masters in Pharmaceutical Science.

All the 4-years technical degree holders enter the service with the initial Grade Pay of Rs. 4600 and with Grade Pay of Rs. 5400 in Group-A for those entering the service through UPSC.

Since the Pharmacists are entering with qualification of M.Pharm and B.Pharm, presently the scales of Pharmacists should be in initial GP of Rs. 4600 irrespective of their qualifications and promotional avenues up to GP of Rs. 8700 and the same should be purely on time bound as this category does not involve any change in their duties and no higher responsibilities are involved throughout their service as per the existing rules of DoPT OM No. AB/14017/66/2008/Estt.(RR) dated 09.03.2009 assessment of suitability is not necessary.

WHO consultative groups, New Delhi, division of Drug Management & Policies published vide WHO letter No. P.5/27/1/IND dated 25-01-1991 and advised for an action to establish degree as

minimum acceptable standard for qualification as Pharmacist. As per WHO recommendations, PCI proposed ER 2001 to MoHFW under reference no.14-33/2000-PCI/19352 dated 23-03-2000, 08-05-2000, 11-07-2000 etc, for amendment of degree in Pharmacy as minimum acceptable standard for qualification as Pharmacist. In 2008 PCI introduced 6 years Doctor in Pharmacy (Pharm. D) course enabling the Pharmacists in prescribing & Clinical Pharmacy practice. The Pharmacist category is the only medical cadre available to the patients in every Primary Health Centres/Units throughout the country under various ministries, departments, organizations, boards, councils etc. They attend the patients in the absence of the Medical Practitioners including emergencies as the Pharmacist is qualified in prescribing medicines & legally permitted for doing the same (it was observed by 5th CPC). They deal with procurement, selection, distribution, administration and accounting of drugs and pharmaceuticals.

The Pharmacists’ pay scale is not evenly fixed on parity in all Ministries, Departments, Organizations, Boards, and Councils etc. The pay scales are maintained neither with standard fixation nor with adequate and uniform career progression schemes. The initial entry pay scale of a Pharmacist is in Pay Band-2 i.e Rs. 9300-34800 + Rs. 4200 in various departments but it is not evenly fixed in all other departments under the umbrella of Union of India. Below are some illustrations of the same:

Sl No.

Departments

Ministries*

Pay Band Fixed

1

Central Institute of Psychiatry

Ministry of Health & Family Welfare, GoI

Rs. 9300-34800 + Rs. 4200 GP

2

Department of Atomic Energy (BARC)

Government of India

Rs. 9300-34800 + Rs. 4200 GP

3

DRDO

Ministry of Defence
Government of India

Rs. 9300-34800 + Rs. 4200 GP

4

Central Leather Research Institute (CSIR-CLRI)

Ministry of Science & Technology, GoI

Rs. 9300-34800 + Rs. 4200 GP

5

State Government Hospitals, Tamilnadu

Government of Tamilnadu

Rs. 9300-34800 + Rs. 4200 GP

6

 

State Government Hospitals, Uttar Pradesh

Government of Uttar Pradesh

Rs. 9300-34800 + Rs. 4200 GP

7

 

State Government Hospitals, Uttarakhand

Government of Uttarakhand

Rs. 9300-34800 + Rs. 4200 GP

8

 

Central Ceramic & Glass Research Institute, (CSIR-CGCRI)

Ministry of Science & Technology, GoI

Rs. 9300-34800 + Rs. 4200 GP

*And many other State and Central Government ministries under the Union of India

As per DoPT circular vide no. Dopt OM No. AB14017/66/2008-Estt (RR) dated 09.03.2009 the review of Recruitment Rules should be made once in every five years by the concerned Ministries/Departments/Boards/Councils/Organizations etc. But the same is not followed or revised or implemented by any of the concerned authorities as per WHO & PCI norms of qualifications and it is still in pending since 2000. 

It is to highlight that the Ministry of Railways also had proposed designations up to JA grade to the Pharmacists in Railways vide letter no. 2004/H-1/2/3 dated 06.08.2005 at par to other departments where there exists pay scales equivalent to the Directorate of Medical Education. The said proposal till date has not been implemented in the case of Pharmacists on Railways in- spite of them being eligible for the same. Proposed Designations are reproduced below:

EXISTING

PROPOSED

Sl. No

Designation

Grade

%age

Designation

Grade

%age

1.

Pharmacist

2800/4200

20

Pharmacist

4600

20

2.

Chief Pharmacist

4600

80

Chief Pharmacist

5400

30

3.

Pharmacy Officer

4800

26

Pharmacy Officer

6600

30

4.

-

Divisional Pharmacy Officer

(Senior)

7600

10

5.

-

Senior Divisional Pharmacy Officer (JA)

8700

10

6.

-

Director of Pharmacy

8900

1-post for each divisional Railway

It is to say that the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi has ordered vide OA 3233/2012 to extend the pay scales upto the Director of Pharmacy with corresponding pay in 6th CPC Rs.37400-67000 +GP 8900 which is as follows:

Sl.No

Designation

 

%ge

4th CPC

5th CPC

6th CPC

1.

Pharmacist

 

30% of total

strength

Rs. 1640-2910

Rs. 5500-9000

Rs. 9300-34800
+GP 4200 (PB-2)

2.

Senior Pharmacist
(after 5-years as Pharmacist)

30% of total

strength

Rs. 2000-3500

Rs. 6500-10500

Rs. 9300-34800
+GP 4600 (PB-2)

3.

Chief Pharmacist
(after 7-years)

 

30% of total

strength

Rs. 2200-4000

Rs. 8000-13500

Rs. 15600-39100
+GP 5400 (PB-3)

10% of total strength should be in Senior Group A Gazetted post

4.

Pharmacy Officer

(after 10-years)

-

Rs. 3000-4500

Rs. 10000-15200

Rs.15600-39100
+GP 6600 (PB-3)

5.

Assistant Director
Pharmacy

-

Rs. 3700-5000

Rs. 12000-16500

Rs.15600-39100
+GP 7600 (PB-3)

6.

Deputy Director

Pharmacy

-

Rs. 4500-5700

Rs. 14300-18300

Rs.37400-67000
+GP 8700 (PB-4)

7.

Director, Pharmacy

(Equivalent to Director of Medical Education)

-

Rs.

Rs. 16400-20000

Rs.37400-67000
+GP 8900 (PB-4)

The above promotional avenues were the recommendations made by the PCI to the 5th CPC as observed under OA 3233/2012 of Hon’ble CAT, Principal Bench, New Delhi.

The same was also recommended by Dr. Jillie Devi committee to extend the benefits of  promotional avenues on time bound to the Pharmacists category on par to others.

The above entry pay scale & promotional avenues up to the Grade Pay of Rs. 8900/- existing in AIIMS, Government of Uttarakhand, Uttar Pradesh and CSIR-CLRI & CSIR-CGCRI (Ministry of Science & Technology), DRDO, Government of Tamilnadu, Central Institute of Psychiatry so on.

The above promotional avenues for the cadre of Pharmacists are to be extended as per the orders of CAT, Principal Bench, New Delhi. This order was pronounced on the basis various court orders i.e. Hon’ble Supreme Court order 688 in Dr. OZ Hussain vs. union of India and Hon’ble High court of Punjab & Haryana order vide CWP No. 11135 of 2007 decided on 07-01-2010 and so on.

Also under para 5, the court has observed that:-

“Government of India, Department of Personnel & Training (DoPT) vide OM……….. dated 10-02-2011 issued instructions to all the Ministries, Councils, Organizations, Boards, and PSUs etc. under the union of India that cadre structures need to be reviewed periodically to harmonize the functional needs of organization and career progression of the employees as the MACP is  only a fall back option in the event of promotions not taking place..”

Hon’ble Supreme Court of India in case no appeal (civil) 25 of 2008 dated 04th January 2008 (arising out of S.L.P (C) No. 21222 of 2005),  Union of India and others vs. Dineshan K K under para 10 observed that

undoubtedly when there is no dispute with regard to the qualifications, duties and responsibilities of the persons holding identical posts or ranks, but they are treated differently merely because they belong to different departments or the basis of classification of posts is exfacie, irrational, arbitrary or unjust. It is open to the court to intervene….”

Regarding the category of posts of Pharmacists, there is no parity in pay scales in spite of the qualifications, duties; functions, responsibilities and nature of work being the same irrespective of Ministries, Councils, Organizations, Boards, and PSUs etc. under the union of India.

·            Hon’ble High court of Delhi in Case No. WP(C) No. 2071/2007 dated 07th Sep 2010 has held that

“If they do the same work and are similarly placed, there can be no discrimination in payment of wages”

 

Further vide para 13, the Hon’ble court added

“……of course, employees in the same cadre can certainly be placed in different pay scales, but that it would be if it is shown that one set of employees has higher technical or educational qualifications or performs more onerous duties visa-vis the other or the like. But, where there is

 

a complete parity it would be highly discriminatory to treat employees differently merely on account of the two coming from two different sources…” i.e. different Ministries, Councils, Organizations, Boards, and PSUs etc. under the union of India.

It is also recommended in 6th CPC vide para 3.4.7 that the above scale to be extended as per the 5th CPC uniformly to all technically qualified Diploma holders as the same was not done. Hence the 6th Pay commission advised and recommended GP Rs 4200/- (PB-2) uniformly to all technical Diploma holders. Here it is appraise that the category of “Pharmacists” is a “Technical”  cadre for benefits to be extended on par to other AICTE qualified cadres.

The Governments of Uttrakhand and UP, Health & Family welfare ministries have implemented the following 6th CPC pay scales to the category of Pharmacists w.e.f 31st Dec 2013:

Sl. No.

Designation

Pay Scale

1.

Pharmacist (Entry Grade)

Rs. 9200-34800+GP 4200

2.

Pharmacist (after 2-years)

Rs. 9200-34800+GP 4600

3.

Chief Pharmacist

Rs. 15600-39100+GP 5400

4.

Pharmacy Officer & Chief Pharmacy Officer

Rs. 15600-39100+GP 6600

5.

Deputy Director, Pharmacy

Rs. 15600-39100+GP 7600

6.

Director of Pharmacy

Rs. 15600-39100+GP 7600

Extension of Non Practicing Allowance to Pharmacists:

The Pharmacists is the only category to be extended Non Practicing Allowance as the Pharmacist attend to all emergency, as and when required and during accident calls with the Doctor round the clock without leaving the station to provide First Aid, emergency medicines, surgical & nursing appliances, transportation of injured to nearby Hospitals, call for assistance from other Doctors, Pharmacists and Para-medics available in the area.

All other Para-medical category have an opportunity to attend/practice privately in their off-duty hours, where as the Pharmacist has no such opportunity as he has to be available round the clock in the station to attend to all emergency calls on railways.

 

 

 

 

 

A Pharmacist for private practice has to undergo following process:

·            Take permission/approval from department/authority

·            Obtain NOC, then should apply for license to open a Pharmacy

·            Should exhibit premises of 12X10 as per D&C of Pharmacy Act for inspection by Drug Inspector

·            Obtain license for narcotic drugs, certificates from all concerned

 

Moreover the entry level posts in the cadre of Pharmacists are by direct recruitment only. Accordingly promotion prospectus for Pharmacists is lesser. The nature of duties and condition of work of Pharmacists involve many deprivations. They have to work at odd hours and co-ordinate with Doctors beyond prescribed working hours.

So our request is that NPA also should be extended to the category of Pharmacists as per CCS rules as the Pharmacist is prohibited for private practice.

In anticipation of relief prayed for, by recommending for implementation of pay scales and promotional avenues on parity without any discrimination uniformly to the category of the Pharmacists under the union of India.

Thanking you,

Yours Fraternally,

General Secretary

IHPA, Karnataka Branch

Mysore

 

References:

 

1.  Hon’ble Supreme Court of India orders dated 26-08-1988 and dated 12-04-1990 in the case of Sri Y.K Mehta Vs. Union of India

 

2.  Hon’ble Supreme Court of India order in dated 12-04-1990 in the case of Doordarshan Cameramen Welfare Association Vs. Union of India

 

3.  Order No. 301/1/97-B(D) dated 31st March 1998 decision of Union cabinet on 06-11-1997 to revise the pay scales of Subordinate Engineering Cadres including Technicians

 

4.  Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi orders vide O.A. 164/1996 dated 14-12-1999

 

5.  Hon’ble High Court of Tamil Nadu, Chennai in case No. WP(C)-27155 of 2009   

 

6.  Hon’ble High Court of Delhi in WP(C)No. 2071/2007 order dated 07.09.2010 stating “same work and similarly placed persons, there can be no discrimination in payment of wages”

 

7.  Hon’ble Supreme Court of India has held that “payscale and DA can be claimed by private employee as matter of Right”. State of Haryana vs. Champa Devi (2002)10 SCC78

 

8.  Hon’ble Supreme Court of India, Union of India & others vs. Dineshan KK on 04.01.2008 vide case no. 25 of 2008  of SLP (C) No. 21222 of 2005

 

9.  Hon’ble High Court of Punjab & Haryana, CWP No. 11135 of 2007 dated 07.01.2010

 

10.          Hon’ble CAT, Principal Bench, Delhi under OA 3233/2011

 

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State Branch of Indian Pharmacist Association (IPA)

January 14, 2014 in association

We invite person/s interested in starting state branch of ours in the state of Tamilnadu and Kerala.

Those interested write to us on our email id: secretary.ipa@hotmail.com

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BSc Community Health course draws opposition from pharmacists

November 28, 2013 in association

After coming under attack from the doctors’ lobby, the newly approved course of BSc (community health) that aims to bridge the gap for health professionals in rural areas, is now being contested by pharmacists too.

The Indian Pharmacists Association (IPA) has written to the Pharmacy Council of India (PCI) to intervene in the matter of approval of the course. It feels that with an upgradation course, pharmacists can take over the task of offering over the counter (OTC) drugs in rural area. In its letter to the PCI, the association said, “Launch of BSc (Community Health) is equally against the pharmacists, doctors and nurses. At the same time, with no experience, these BSc (community health) pass outs woll serve only as quacks.”

Earlier this month, the Union Cabinet has given a go ahead to theHealth Ministry to start a new three and a half year BSc community health programme that would create a new cadre of health professionals to improve the rural healthcare infrastructure in the country. The proposal was pending since a few years, as the Parliamentary Standing Committee on Health had opposed the introduction of an undergraduate course on community health. Hence the health ministry had sought the cabinet nod to start the course.

Students passing out of this course would basically serve as community health officers in rural areas who would assist in preventive medicine, and would also be able to prescribe OTC drugs to patients for common ailments.

While the government feels that this would help create a much-needed pool of healthcare providers in rural areas, the IPA feels that in rural areas pharmacists have been dispensing as well as prescribing medicines to patients. States like Punjab, UP, Uttarakhand have allowed pharmacists to prescrive medicine in absence or non-availability of doctors, it said. Secretary general of the IPA, Bhupendra Kumar felt that pharmacists should not have been ignored and a new course being launched altogether.

In its letter the IPA said, “It is our demand to PCI to take necessary steps in this regard. A pharmacist after an upgradation course of just six months will definitely work far better than the BSc (Community Health) pass out. This will not only save national revenue, but public will also receive quality service from experienced pharmacists who are already working in rural and far flung areas.”

http://www.business-standard.com/article/current-affairs/bsc-community-health-course-draws-opposition-from-pharmacists-113112700603_1.html

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IPA suggests ban on B.Sc. (Community Health) programme

November 28, 2013 in association

Takes up issue with Registrar, Pharmacy Council of India

Indian Pharmacist Association (IPA) has taken a strong objection towards Cabinet’s decision to introduce B.Sc. (Community Health) programme. IPA officials have given a presentation to Archna Mudgal, Secretary cum registrar, Pharmacy Council of India (PCI) in this regard.

“IPA wants complete ban on this course. Over the years pharmacists have created their image to the community as a health provider and successful medical practioner even in rural India. A large section of our society is still in need of treatments and health-related benefits. Instead of introducing a new course, the pharmacist’s knowledge should be upgraded to provide health facilities at the primary level,” says,Bhupendra Kumar, Secretary General, IPA.

In many parts of India there is a dearth of qualified pharmacists. In such a scenario, programmes like B.Sc (Community Health) can play a supportive role to the available pharmacists. While refusing this possibility, Kumar argues, “Course like this will only cause statutory problems because as per The Pharmacy Act and Drugs and Cosmetics Act only pharmacists can dispense medicine on the prescription of a medical practitioner and B.Sc. (Community Health) will not fall in the definition of a medical practitioner.”

Kumar supports his claim by saying that as per section 42 of The Pharmacy Act, “No person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prescription of a medical practitioner and whoever contravenes this provision shall be punishable with imprisonment.”

IPA has put forth certain demands, like deciding minimum qualification for registration to B Pharma, creation of directorate of pharmacy, loan on subsidised rates for opening chemist shop, preparation of central register and imparting continuing pharmacy education.

http://pharma.financialexpress.com/latest-updates/3021-ipa-suggests-ban-on-b-sc-community-health-programme

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Magazine/Journal of Indian Pharmacist Association

November 17, 2013 in association

Dear friends, IPA is going to launch their magazine/journal shortly. We invite articles, research/review papers etc for the above.

We also invite advertisers to book their space at an economical rate on first come first serve basis.

Those are interested contact us at :
secretary.ipa@hotmail.com

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November 1, 2013 in association

*****INDIAN PHARMACIST ASSOCIATION WISHES A HAPPY DIWALI *****

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7th Pay Commission Regarding

October 5, 2013 in association

Prime Minister announced for 7th Pay Commission. Indian Pharmacist Association will give its representation to Pay Commission.

All the Pharmacists of India are invited to give their suggestion to us.

Send your suggestion to : secretary.ipa@hotmail.com

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UP STATE BRANCH OF IPA

August 1, 2013 in association

INDIAN PHARMACIST ASSOCIATION (IPA) announces UP State Branch of IPA with following office bearers

President

Sh. Sandeep Chaurasia
Pharmacist,Railway,Gorakhpur
Mo.9415270749

Vice President

Sh. R.C. Sharma
Pharmacist, Ordinance,
Kanpur
Mo.9335380255

Secretary

Sh. Suneel Yadav
President,
UP Pharmacy Council
Mo 8004930978

Secretary (Academic) cum treasurer

Dr. Harlokesh Narayan
HOD, Dept of Pharmacy,
IPR/GLA Mathura
Mo.8171544655

Joint Secretary

Sh. O.P. Yadav
Drug Inspector, Sultanpur
U.P.
Mo.9628125850

Members

1. Ramu Mishra
Pharmacist, CGHS, Kanpur
Mo. 9956209191
2. Ravindra Singh Tomar
Pharmacvist/Railway/Mathura
Mo. 897900524

3. Virendra Pratap Mall
Pharmacist/Railway/Gorakhpur
Mo. 8090478450

4. R.P.Singh
Pharmacist/Railway/Gorakhpur
Mo. 9956437630

5. Satyendra Tripathi
Pharmacist/State/Gorakhpur
Mob. 9452519845

6. Ravisyam Patel
Pharmacist/State/Ambedkarnagar

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Unity is strength

July 22, 2013 in association

Indian Pharmacist Association (IPA) invites

all the state/district associations to unite under one umbrella.

Please contact:

secretary.ipa@hotmail.com

or

president.ipa@hotmail.com

or may call at

09910275976

09474248383