The obligation to provide promotional avenues for efficient public service and the importance of considering and deciding the implementation of pay commission recommendations within a reasonable timeframe.

PERMOD KOHLI, J.

1. The petitioners are working as Pharmacists in the rank of assistant Sub Inspector in the Central Reserve Police Force. The present writ petition has been filed seeking a direction for implementation of the recommendations of the 5th Central Pay Commission regarding restructuring of combatised pharmacist cadre and creation of promotional avenues etc.

2. The cadre of the pharmacist was earlier non-combatised, however, in the year 1989, the cadre of pharmacist was made combatised with designation ASI/pharmacist. They are in Group c Combatised hospital Staff and are governed by Group c and d CRPF Combatised hospital Staff Recruitment Rules, 1995. Apart from possessing the requisite qualifications, they are also required to conform to the physical standards laid down for combatised person like height, weight, chest, vision etc. and should in medical category SHAPE 1. They are also to undergo a basic combatised course of nine weeks duration, which includes physical and weapon training.

3. The grievance of the petitioners is non-availability of adequate promotional avenues. Central Government established 5th Central Pay commission and the case of the petitioners and similarly situated employees was also considered by the 5th Central Pay Commission, which gave its recommendations. Insofar the petitioners are concerned, relevant recommendations are contained in Annexure P-3 with the writ petition. Para 52.90 containing recommendations concerning the pharmacists reads as under: -

"52.90 Upgradation of pay scale of Registered Pharmacists is sought from Rs.1350-2200 to Rs.1400- 2600 at par with diploma holders of other disciplines like Engineering Nursing etc Pharmacy Council of India, recommended in 1976 and 1994 that the pay scale and promotion avenues of Pharmacists should be at par with other technical diploma holders in Engineering and Technology as the post of pharmacist is also technical. We recommend that Pharmacists in view of the prescribed entry qualifications should be placed in the scale of rs.1400-2300 at entry qualifications should be placed in the scale of rs.1400-2300 at entry. The grade structure in existence at present should be modified as follows: -Nomenclature Pay Scale Qualification Pharmacists Gr. I Rs.1640-2900 2nd ACP Pharmacists Gr. II Rs.1600-2600 1st ACP Pharmacists Gr. III Rs.1400-2300 10+2+2 yrs. Diploma + 3 months training and registration. Wherever there is a post of Chief Pharmacists it should be placed in the pay scale of Rs.2000+3500. Posts of Chief Pharmacists may also be created in the hospitals in the pay scale of Rs.2000+3500 based on functional justification. In future no recruitment should be made in this cadre with qualifications of less than diploma. All those incumbents who possess a diploma in Pharmacy and are in lower scales at present may also be brought into the scale of Rs.1400+2300. Incumbents not possessing Diploma in Pharmacy may continue in the replacement pay scale corresponding to their existing scales with ACP only. "

4. These recommendations were principally accepted by the government. The recommendations were forwarded to respondent No.1 vide letter dated 8.9.2000. Respondent No.1 kept the matter pending for four years and it was in the year 2004 the same were referred to respondent No.2 Ministry of Finance.

5. It is stated that the recommendations are still pending there. It is stated on behalf of the petitioners that no decision has been taken by the respondents on the recommendations of the 5th Pay Commission. It is further argued that the Pharmacists working in various other departments of Government of India have got the benefit of financial upgradation. The petitioners earlier filed civil writ petition No.20248 of 2006 titled Nem Chand and others Vs. Union of India and others. The said writ petition was disposed of by the Division Bench of this Court with the following directions: -

"cwp No.20248 of 2006 present: Mr. Rajeev Anand, Advocate for the