IN THE CENTRAL ADMINISTRATIVE TRIBUNAL AT BANGALORE

O.A.NO.                      OF 2012

BETWEEN

Goverdhan.Y

S/o  N.Y. Swamy

Aged about 42 years

working as Pharmacist

Residing at No. 111/ B ,

Vontikoppal Railway Colony ,

K. R. S. Road , Mysore 570 020

Rep. by

Advocate

..  APPLICANT

AND

1.  Union of India

Ministry of Railways

Railway board

New Delhi 110 001

Represented by its Joint Secretary (Admn)

2.   Union of India

Ministry of Finance

Department of Expenditure

New Delhi 110 001

Represented by its Joint Secretary (Admn)

3.  Union of India

Ministry of  Health and Family Welfare,

Nirman Bhavan

New Delhi 110 001

Represented by its Joint Secretary (Admn)

4.  Union of India

Department of Personnal and Training ,

New Delhi 110 001

Represented by its Joint Secretary (Admn)                 ..  RESPONDENTS

APPLICATION FILED UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985

DETAILS OF APPLICATION:

1.         Particulars of the order against which application is made:

1)         ORDER No.  :  NIL

2)         DATE                        :  NIL

3)         PASSED BY            :  NIL

4)         SUBJECT IN BRIEF: Implementation of pay scales as per recommendations of the 5^th Central Pay Committee w.r.t Pharmacists based on   in the pay scale of Rs.5500-9000 with eligible allowances w.e.f. 01.01.1996.

2.         Jurisdiction :

The applicant declares that the subject matter of the application is within the jurisdiction of this Hon’ble Tribunal.

3.         Limitation :

The applicant declares that the application is within the limitation prescribed in Section 21 of the Administrative Tribunals Act, 1985.

4.      Brief Facts of the Case:

i)          The applicant was appointed as Pharmacist in the  first respondent organization vide appointment letter dated 26^th September 1997 in the Pay Scale of Rs.  1350 – 2200 i.e Rs.4500 – 7000. A copy of appointment Order dated 26^th September 1997 is produced herewith as ANNEXURE-A1. After implementation of 5^th CPC, my pay scale was fixed in the Pay Scale of Rs. 4500-7000  . The petitioner has passed SSLC, PUC and also has obtained two years   Diploma in Pharmacy + internship and Registered as Pharmacist.  The copies of SSLC, PUC, Diploma in Pharmacy and Registered Certificates are produced herewith as ANNEXURES-A2 to A7 respectively.

ii) The applicant submits that as per the Pharmacy Education Regulation 1991 the requirements for Registration as Pharmacist  is a four years Degree or two years Diploma in Pharmacy + 03 months internship + Registration, after 10+2 and Pharmacists only with this Degree/Diploma with experience  are recruited under various departments under Government of India.   ANNEXURE __

ii)          The respondents Organizations under the Central Government adopted and decided to implement the recommendations of fifth Pay Commission. A copy of fifth Pay Commission report 1997 in so far as it relates to Pharmacists who are under Technical qualified Para -medical staff is produced herewith as ANNEXURE-A8.

The applicant submits that in-spite of the expert body like the fifth Pay Commission recommendations to Para-medical staff based on the Consultancy study vide 52.38 which divided Para-medical staff into two categories on the basis of qualification and number of years spent on education i.e. the first category with minimum thirteen years of education (category with minimum 13 years education were given Rs.5000-8000) i.e.10+2+ degree/diploma and the second with less than thirteen years of education (Rs.4500-7000 and below) i.e. matriculation with Certificate /diploma 1-2 yr course. The modified scales as per the Consultancy study did not occur to Pharmacists due to non-implementation and mis–interpretation of the said recommendations, an error on account of the administration concerned. The dispute here is regard to qualifications i.e. number of years spent on education was the only ground on which pay scales were extended by the fifth pay commission. In-light of the factual position as per the fifth pay commission report, the question of examination, comparisons, internal relativities and other factors, to be kept for evaluation again does not arise as a necessary initiative had to be taken for placing the Pharmacists in scale of 5500 – 9000 with par to Physiotherapists, Dieticians, Health workers. A copy of letter dated ______, 1997 & 2008 of respondents extending pay scales recommended by fifth Pay Commission to all the employees under the Control of the respondents is produced herewith as ANNEXURE-A9.

iii)        The applicant submits that Government of India, vide Office Memorandum dated 18^th October 1997 recommended modified pay structure to Pharmacists possessing Diploma in Pharmacy. Later Ministry of Health & Family Welfare vide letter No.…………… dated 04.11.2005 granted scale of Rs.5000 – 8000 to the Dental Hygienists who had lesser number of years spent on education than the Pharmacist. It is also pertinent to clarify here that the qualification and number of years spent on education is above than the Dental Hygienists (52.84), Radiographers(52.107) and Other Technicians with Diploma in Engineering (52.111) for which the Pharmacists seek an higher pay scale viz 5500-9000 w.e.f 01.01.1996 duly fixing the same to applicant from date of appointment. A copy of Office Memorandum dated 01 October, 1997 is produced herewith as ANNEXURE-A10.

iv) The applicant submits that as per the recommendations of the fifth pay Committee report, it recommended modified pay Scale of Rs.1400-2300 to all the Pharmacists possessing Diploma in Pharmacy i.e above than the Non-Diploma Pharmacists who were recommended only the corresponding Pay Scale to their existing pay Scale i.e. Rs.1350 – 2200 with ACP’s only.   A copy of office memorandum dated __.__.1997 is produced herewith as ANNEXURE-A1

v)The applicant submits that representations were done by recognized organizations, Pharmacy council of India for implementing modified Pay Scales to Pharmacists, as all were possessing Diploma in Pharmacy requesting  respondents to extend the pay scale of Rs. 5000 – 8000 to the Pharmacists of all the Central Government organizations. A copy of representation by Pharmacy council of India dated _/_/199 is produced herewith as ANNEXURE-17. Thereafter, considering this disparity / anomaly this was challenged in the Departmental Anomaly Committee but remained unresolved and the case was referred to National Anomaly Committee. The matter was referred to NC/JCM for finalization. Lastly matter was referred to 6th CPC, but the 6^th CPC also never looked into recommendation of fifth CPC recommending modified pay structure to Pharmacists.The respondents implemented the pay scale of Rs.5,000-8,000 to the Dental Hygienists on receipt of only a  representation from All India Dental Therapists Association dated 27.10.1999 regarding rectification of pay scale. This proposal was considered in consultation with the Dental Council of India and respondents approved up-gradation of pay scale of Dental Hygienists from the existing pay scale of Rs.4000– 6000 to Rs.5000 – 8000 dated 04.10.2005. ANNEXURE A18. The applicant submits that the respondents failed to implement modified pay structure of Rs.5500–9000 to Pharmacists. ANNEXURE-    .

vi)    The applicant submits that Pharmacists were recommended under common category with common benefits to be extended to all Pharmacists in different organizations as per which the next ACP/promotion should have been in scale Rs.6500–10500 and Rs.8000–13500 as existing under CGHS etc. ANNEXURE-1. The principle and doctrine of equal pay for equal work was originally propounded as part of the Directive Principles of the state Policy in Article 39 (d) of the Constitution as per which Pharmacists should have been extended the same.

vii) The applicant submits that all the categories of Para-medical staff with  lesser qualifications and lesser number of years spent on education were given scale of Rs.5000-8000 as per the pay commissions Consultancy study and also as per recommendations of fifth CPC vide 52.111 except the category of Pharmacists.

viii) The applicant submits that these above facts were not perused by  the

respondents, arbitration  committee and 6^th Central pay commissions etc for

removing the anomaly. Considering the facts on record the applicant is entitled

for scale of Rs.5500 -9000 w.e.f. initial appointment  as per the 5^th CPC.

ix) The applicant submits that the true ,effective, operative and correct  interpretation

of the said 5^th CPC Consultancy study will entitle him for higher pay scale of

Rs.5500-9000. It is clear that Pharmacists have been given higher pay scale but the

benefit was not extended on account of administrative error in its interpretation for

implementation of same. This inaction by respondents led to the applicant being

treated unjustly and arbitrarily by the 6^th CPC.

x) The applicant submits that the 6^th CPC as per its Philosophy and Guiding

Principles vide 1.2.20 (c) i, ii, iii and (e) under anomalies in pay scales never

extended justice to the category of Pharmacists as per its note in its report. The

Ministry of Health & Family Welfare, the respondents have admitted in their

representation to 6^th CPC Fast Track Committee that anomaly in pay scales of

Pharmacists may be reconsidered  to place them in Entry Grade in PB – 2.

ANNEXURE___.

xi) The applicant submits that the 6^th CPC as per its Philosophy and Guiding Principles, pre-revised scales of 5000-8000 [S9]; 5500-9000 [S10]; 6500-9500[S11]; and 6500-10500[S12] were merged and all given the benefit of placement in the new Grade Pay 4200 equivalent to pre-revised 6500-10500 scale, the starting of the Pay Band 2 cannot be computed in the minimum of the erstwhile Scale of Pay viz., Rs.5000/-. In fact the commencement point of the Pay Band-2 should be Rs.12090/- based on the minimum of  scale [6500X1.86 = 12090]  recommended by the 6^th CPC as was followed in fixation of pay of all other pay bands with grade pay. The action of respondents in not extending the minimum Pay of Rs.12090/-  as commencement point in Pay Band – 2 is violative of Article 14 and 16 of the Constitution of India. ANNEXURE ___.

5.          GROUNDS FOR RELIEF

a)  The respondents have failed to implement the recommendations of fifth Pay commission’s recommendations as per its consultancy study for Pharmacists.  Even though the various technical categories and para-medical categories under the control of Central Government and several other organizations have already benefited with implementation of the recommendations of fifth Pay Commission which has fixed pay scale of Rs.5000-8000 and Rs.5500-9000 with privileges there off. So far the respondents have failed to implement the same to applicant. Therefore, inaction of the respondent to implement the recommendations of fifth pay commission is arbitrary, illegal, contrary to law. The same is violative of article 14 and 16 of the Constitution of India.

b)  The respondents have failed to implement the modified scale of Rs.5500 –

9000 to Pharmacists on representation from several Pharmacists Associations

and Pharmacy Council of India and as done in the case of Dental Hygienists by

the respondents.The respondents for the best known to them have failed to

implement the same to petitioner and thus treated the petitioner with discrimination.

The action of respondents in not extending the modified pay recommended by the

fifth pay commission as per its consultancy study to the Pharmacists is violative of

Article 14 and 16 of the Constitution of India.

d) The respondents have failed to take any action in spite of repeated requests, reminders. Therefore, it is necessary for this Hon’ble Court to issue necessary directions to respondents to implement the above said pay scale to the applicant from the date of implementation of the fifth pay commission, ie. 01.01.1996

6. Details of Remedies Exhausted: Having failed to receive any positive response from the Government. The applicant declares that he has exhausted all the remedies. As the applicant has no other alternative which is more speedy and efficacious except approaching this Hon’ble Tribunal for appropriate reliefs.

7. Matter not previously filed or pending before any Court or Tribunal:

The applicant further declares that he has not filed any application previously either before this Hon’ble Tribunal or High Court or before any other authority based on the same cause of action as that of present application, nor any such application is pending either before this Tribunal or any other Bench of the Tribunal of High Court.

8.                                             RELIEF SOUGHT FOR

Wherefore, the applicant prays that this Hon’ble Tribunal may be pleased to:

i) Issue a direction or order directing respondents to extend the pay                                scale of Rs.5500 – 9000 w.e.f. 01.01.1996.

ii) Issue a direction or order directing respondents to extend the pay of Rs.12090/-  as commencement point in Pay Band – 2 w.e.f. 01.01.2006.

iii) Issue a direction or order directing respondents to extend the MACP and promotional benefits in GP 4600(PB-2), 5400(PB-3) and 6600(PB-3) being a common category under various department in Government of India.

iv) Direct the respondents to pay arrears of pay and other allowances applicable in common and consequential benefits from 01.01.1996 and further direct them to pay interest at the rate of 12% p.a. till the arrears are paid to applicant.

v) Grant such other further relief as may deem fit in the circumstances of the case.

9.       Interim Relief if any:-                        NIL.

10.        In the event of application being sent by RPAD :   NIL.

11. Particulars of Bank Draft/Postal Order filed in respect of the application fee:

1.         Postal Order No.                   :

2.         Date                                        :

3.         Name of Post Office

1. List of Documents filed:-

As enclosed in the Index.   ,

Dated:                                                            ADVOCATE FOR APPLICANT

VERIFICATION

I, Goverdhan.Y, S/o Swamy.N.Y, aged about 42 years, working as Pharmacist, at South Western Railway Hospital, Mysore, Karnataka, Residing at No.111/B, Vontikoppal Railway Colony, Mysore 570020, Karnataka, now come down to , do hereby verify that the contents of paras 1 to      of the above application are true to my personal knowledge, and paras       to     are believed to be true on legal advice and that I have not suppressed any material facts.

ADVOCATE FOR APPLICANT                                             APPLICANT

,     Dated

To  The Registrar,

Central Administrative Tribunal,  Bangalore  560038

Applicant seeks a direction to the respondents for removal of the anomaly in the pay scale and to consider their claim that they should be placed in the scale of Rs.5500-8000 and to that effect, there is anomaly in the pay scales which should be removed.

Applicants claim that keeping in view the anomalies that are existing, they should be awarded the higher pay scale and anomalies in this regard may be removed.

It is also relevant to note that the Honble Supreme Court has in a number of Judgements deprecated the stand taken by the Government that unless parties approach the Courts/Tribunal each time they cannot be extended similar benefits.  They have commented that the Government being a model employer, they should suo moto extend the same benefits as granted to similarly situated person and should not compel those persons to knock at the doors of the Courts to seek such benefits.

By Satyendra Tripathi,President U.P.Diploma Pharmacist Association (Prision Branch)

The order for Granting one increment to the Central Government Employees may be issued in the first week of March 2012
Sources close to the DOP&T informed that the issue of granting one increment to the government servants, whose increment date falls between February 2006 and June 2006, has been forwarded to Finance Ministry for its approval. According to the sources, the Finance Ministry gave its approval to this proposal as agreed by the Government in the National Anomaly Committee.

The Federations representing National Anomaly Committee approached the Government to issue the order very soon, since the decision of granting one increment to the govt servants was taken in the National Anomaly Committee on 5th January 2012. It is believed that the federations were informed that due to the ongoing Elections for state assemblies in some states, issuing order is delayed. As per the Election Schedule the elections for state assemblies for 5 States are commenced on 28-1-2012, and the 6th phase of U.P and Goa State assembly elections will be completed by 03-03-2012. So, keeping in view of the above, we can expect that the order for Granting one increment to the Central Government Employees may be issued in the first week of March 2012.

According to the decision which is agreed by government in National Anomaly Committee, the govt servants will be granted one increment in the pre revised 5 CPC scale on 01-01-2006, and then it will be multiplied by 1.86 and the pay in the Pay Band in the 6 CPC will be fixed accordingly.

1
No.AIRF/PNM/4/2011 Dated: January 6, 2012
The Secretary(E),
Railway Board,
New Delhi
Kind Attn: Shri P.K. Sharma, Addl. Member(Staff), Railway Board
Dear Sir,
Sub: Placement of Pharmacists in the Entry GP of Rs.4200 (Non-Functional Grade) on completion of two years service in GP Rs.2800 as well as grant of three MACPs to Pharmacist category on the Indian Railways – Pendency of recovery
In continuation of my earlier letter dated 11th November, 2011, wherein Railway Board was requested to pend recovery of the amount which has already been paid to the Pharmacists, it would be worthwhile to mention that in the 4th meeting of the National Anomalies Committee, held on 5th January, 2012 in North Block, New Delhi, the Official Side agreed to consider the matter favourably, in the presence of your good-self as well as EDPC-I, Railway Board.
Worthwhile
In view of the above, the Board are requested to advise General Manager of the Indian Railways to maintain status-quo in this regard till the matter is decided.
An early action in the matter shall be highly appreciated.
Yours faithfully,
(Shiva Gopal Mishra)
General Secretary
Copy: General Secretaries, all affiliated unions – for information.