The judgment establishes the principle of non-arbitrary and non-discriminatory state action under Article 14 of the Constitution, emphasizing the need for equal treatment and fair consideration of pay scale disparities.

JUDGMENT & ORDER :

Heard Mr. D. Panging, learned counsel for the petitioner. Also heard Mr. I. Riram, Additional Senior Government Advocate for the State respondents.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to upgrade the scale of pay of the petitioner as Compounder at par with the scale of pay of the Pharmacists of the Department of Health & Family Welfare, Government of Arunachal Pradesh as well as the Pharmacists serving under the Directorate of Prison, Arunachal Pradesh, w.e.f. 18.12.2014, i.e. the date on which the Pharmacists of the Department of Health & Family Welfare, Government of Arunachal Pradesh was granted Grade Pay of Rs. 4200/- in PB-2, Rs. 9300-34,800/- and for granting of all consequential benefits to the petitioner w.e.f. 18.12.2014.

3. The case of the petitioner, in brief, is that he is a degree holder in Bachelor of Pharmaceutical Sciences having passed out from Dibrugarh University in First Class in the year 2005 and is a registered Pharmacist under the Pharmacy Council of the State of Arunachal Pradesh and as such, is a registered Pharmacist under Section 31(a) of the Pharmacy Act, 1948 (hereinafter referred to as the 1948 Act).

4. Pursuant to the advertisement dated 20.11.2006, issued for filling up of various posts including 1 (one) post of Compounder in Arunachal Pradesh Police, the petitioner was appointed as Compounder after due selection process in the Arunachal Pradesh Police vide order dated 05.10.2007 in the scale pay of Rs. 4500-125-7000/- per month plus other allowances as admissible from time-to-time. Accordingly, the petitioner joined his service at Primary Health Centre, Police Training Centre (PTC), Banderdewa.

5. It is contended that the 6th Central Pay Commission’s (CPC) recommendation came into force w.e.f. 01.01.2006 and a new concept of grade pay was introduced, which has been adopted by the State of Arunachal Pradesh. Accordingly, pursuant to the adoption of the 6th CPC recommendation, the Pharmacists of the Department Health & Family Welfare, Government of Arunachal Pradesh were granted the revised pay scale of Rs. 5200-20200 PB + GR Rs. 2800.

6. It is contended that pursuant to the 6th CPC recommendation, the Pharmacists serving under the Central Government and its various instrumentalities were being granted the revised pay scale of Rs. 9300-34,800 PB 2 + GP Rs. 4200. Accordingly, the Pharmacists serving under the Government of Arunachal Pradesh placed their grievance before the concerned authorities regarding the anomaly of pay vis-à-vis the Pharmacists serving under the Central Government and those serving under the Government of Arunachal Pradesh. The grievances was placed before the High Level Standing Committee (hereinafter referred to as HLSC), constituted for considering proposals for upgradation of pay scale/pay anomalies to various categories of employees. The HLSC recommended for removal of pay anomaly of the Pharmacists of the Department of Health & Family Welfare by upgrading the scale of pay of the Pharmacist under the Department of Health & Family Welfare, Government of Arunachal Pradesh from the existing pay scale. Vide order dated 24.12.2014, issued by the Secretary (Health & Family Welfare), Government of Arunachal Pradesh, the scale pay of the Pharmacists of the Department of Health & Family Welfare was upgraded from the existing pay scale of Rs. 5200-20200+ GP Rs. 2800 to Rs. 9300-34,800 + GP Rs. 4200 under Pay Band-2 with effect from 18.12.2014. Vide another order dated 24.12.2014, in supersession of the earlier order was issued, which provided for removal of pay anomaly of Pharmacists under Health Department, Government of Arunachal Pradesh by introducing a new non-functional grade wherein, the entry grade “Grade Pay of Rs. 2800/- in PB-1, Rs. 5200-20,200/- will be upgraded to ‘Grade pay of Rs. 4200/- in PB-2, Rs. 9300-34800/- after completion of 2(two) years of continuous service as Pharmacist and the