1. Union of India and its functionaries are aggrieved by July 23rd, 2002 judgment of learned Single Judge of this Court in terms whereof respondent Ali Hassan had been held entitled to his placement in the higher grade prescribed for the post of Pharmacist (Qualified) (Assistant Sub-Inspector) in terms of Border Security Force (Group C Combatised Para Medieal Staff) Recruitment Rules, 1983, and a direction has been issued to Union of India and its functionaries to consider his placement in the grade.

2. Facts necessary for the disposal of this appeal may be stated thus:-

Respondent had joined Border Security Force on March 1, 1975 as a Constable. He was later appointed as Compounder (Unqualified) in the pay scale of Rs. 330-8-370-10-400-EB-10-480 with effect from April 26, 1983 subject to his registration under the Pharmacy Act.

3. Respondents request for his appointment as qualified Pharmacist was rejected by the appellants in the year 1988 because he had not acquired requisite qualification of Degree or Diploma in Pharmacy followed by internship of four months. He had approached this Court by filing SWP no. 908/1998 seeking a direction to the appellants to appoint him as qualified compounder by treating him as Pharmacist (Qualified). This writ petition was disposed of on February 4, 1999 with a direction to the appellants to look into the factual position and take appropriate remedial measures within a period of three months.

4. Directorate General Border Security Force considered respondents case in the light of the direction issued by this Court in SWP no. 908/1998 and accordingly passed an order on December 23, 1999, rejecting his claim for grant of pay scale of qualified Pharmacist with effect from April 26, 1983. Aggrieved by rejection of his claim by Directorate General Border Security Force, respondent filed SWP no. 536/2000 seeking quashing of Directorate General Border Security Forces Order No. 70/12/99-Med/BSF/6166-6170 dated December 23rd 1999 and for issuance of directions to appellants to treat him as qualified Pharmacist retrospectively with effect from April 26, 1983.

5. This writ petition was contested by the appellants inter alia on the ground that respondent had not acquired requisite qualification of Degree or Diploma in Pharmacy by an institution of Central or State Government or an institution recognized by the Centre or State Government and in that view of the matter he was not entitled to seek consideration for placing him in the pay scale of qualified Pharmacist retrospectively with effect from April 26, 1983.

6. Finding recorded by the learned Single Judge, holding respondent entitled to the higher grade of Pharmacist and direction issued to the appellants to consider him for his placement in the higher grade of Pharmacist (Qualified) has been questioned by appellants in this appeal.

7. Assailing the judgment impugned in the appeal, learned counsel for the appellants Mr. Ajay Sharma submits that as the respondent did not possess requisite qualification of Degree or Diploma in Pharmacy in terms of Border Security Force (Group C Combatised Para Medical Staff) Recruitment Rules, 1983, so the finding recorded by the learned Single Judge and direction issued on the basis thereof was unwarranted.

8. Mrs. Surinder Kour, appearing in support of the judgment impugned in the appeal, on the other hand, submits that registration of respondent as Pharmacist would entitle him for his placement in the higher pay scale of Pharmacist (Qualified). She additionally submits that persons situated similarly had been granted the grade of Pharmacist (Qualified) by the Border Security Force although these persons had not acquired requisite qualification of Degree or Diploma in Pharmacy and the respondent-writ petitioner was entitled to similar relief because the appellants did not have any justification to treat the writ petitioner differently. While justifying the impugned judgment of learned Single Judge, learned cou