Only discrimination made in respect of Veterinary Assistant Surgeons alone will dislocate horizontal relativity maintained in State.

(Writ Petitions filed under Article 226 of the Constitution of India, for issuance of Writs of Certiorarified Mandamus,(i) to call for records of 3rd respondent/Tamil Nadu Administrative Tribunal in O.A.No. 3940 of 2001 dated 29-10-2002 and quash the same and to direct the first respondent herein to grant the pay and allowances to the members of petitioner Association-Veterinary Assistant Surgeons in the scale of pay of Rs.8000-275-13500 with 25 per cent of non practising allowance on the basic pay with effect from 1-1-1996 and the consequential arrears thereof; and

(ii) to call for records of 3rd respondent/Government in Order No. G.O.Ms.No. 162 Finance (Pay Cell) Department, dated 13-4-98 in so far as fixing the scale of pay for veterinary Assistant Surgeons at Rs.6500-11,100/- scale instead of Rs.8000-275-13500 scale and the consequential order passed by Tamil Nadu Administrative Tribunal in O.A.No. 3594 of 99 along with other batch cases dated 29-10-2002, quash the same and to direct the 1st, 2nd and 3rd respondents herein to grant the pay and allowances of the Veterinary Assistant Surgeons on par with that of their counter-part in Central Government (i.e) pay of Rs.8000-275-13,500 with effect from 1-1-96 with all consequential benefits thereon.)

P. Sathasivam, J.,

Tamil Nadu Veterinary Assistant Surgeons Association, Chennai through its General Secretary Dr. M. Om Murugan has filed W.P.No. 4384/2003 for quashing of the order of Tamil Nadu Administrative Tribunal, Chennai dated 29-10-2002, made in Original Application No. 3940 of 2001 and for consequential direction to the first respondent/Secretary to the Government, Finance (CMPC) Department, Chennai-9 to grant pay and allowances to the members of the petitioner Association-Veterinary Assistant Surgeons in the scale of pay of Rs.8000-275-13500 with 25 per cent of non-practising allowance on the basic pay with effect from 1-1-1996 and consequential arrears thereof.

2. One P. Ravichandran of Dindigul-1 has filed W.P.No. 29076 of 2004 for issuance of a Writ of Certiorarified Mandamus to call for records of the Secretary to the Government, Finance Department, Chennai-9 in G.O.Ms.No. 162 Finance (PC) Department dated 13-4-98 in so far as fixing the scale of pay for Veterinary Assistant Surgeons at Rs.6500-11100/- scale instead of Rs.8000-275-13500 scale and the consequential order passed by the Tamil Nadu Administrative Tribunal in O.A.No. 3594 of 1999 along with other batch cases dated 29-10-2002 and quash the same and direct the respondents 1 to 3 herein to grant the pay and allowances of the Veterinary Assistant Surgeons on par with that of their counter part in Central Government i.e., pay of Rs.8,000-275-13,500 with effect from 1-1-96 with all consequential benefits thereon.

3. Since the first writ petition is by the Association, the second one by individual and the claim made in both the writ petitions is one and the same, they are being disposed of by the following common order. For convenience we shall refer the details as stated in the writ petition filed by the Tamil Nadu Veterinary Assistant Surgeons Association. According to them, it is a recognised Association by the Government of Tamil Nadu in G.O.Ms.No. 968, Development Department dated 21-5-1924. The petitioner Association is espousing the common cause of Veterinary Assistant Surgeons working in Tamil Nadu. The prescribed qualification for the post of Veterinary Assistant Surgeon is B.V.Sc., or B.V.Sc., and Animal Husbandry. The duration of the course if 4 ½ years study plus 6 months Internship. Selection process is through Tamil Nadu Public Service Commission. Registration of the Degree is compulsory with the Tamil Nadu Veterinary Council. Authorised to attend in-patients and out-patients and to attend out break of diseases of animals. Authorised to issue health certificates and postmortem certificates. Authorised to give evidence as experts under Indian Evidence Act before the Court of law. Their ser