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2017 Supreme(P&H) 409

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDIP SINGH, J.
Jagdish Chander and Others – Petitioners
Versus
State of Haryana and Another – Respondents
CWP Nos. 20860, 23045 of 2012 & 1017, 4843, 28745 of 2013 (O&M)
Decided On : 29-03-2017

Advocates Appeared:
For the Petitioners: Mr. R.K. Malik with Mr. Samrat Malik, Mr. Balraj Gujjar, Mr. Gunjan Gera, Mr. Arvind Rajotia and Mr. Ashish Pannu.
Mr. Naveen Sheoran.

The government has the discretion to make changes in the pay structure based on factors such as educational qualifications and nature of duties, and maintaining pay parity on previous occasions does not bind the government to maintain it for all times to come.

Headnote:

PAY PARITY - Veterinary Surgeons and Medical Officers - 5th Pay Commission, 6th Pay Commission - Haryana Civil Services (Assured Career Progression) Rules 2008 - The court discussed the pay scales and career prospects of Veterinary Surgeons and Medical Officers, highlighting the recommendations of the 5th and 6th Pay Commission and the subsequent revisions in pay scales. The court emphasized the differences in the pay structure and the government's discretion to make changes based on factors such as educational qualifications and nature of duties.

Fact of the Case:

The petitioners, Veterinary Surgeons, claimed discrimination in the revision of their pay scales compared to Medical Officers. They argued that they should be granted the same higher pay scale as Medical Officers without any cap on cadre strength and from an earlier date.

Finding of the Court:

The court found that the government had the discretion to make changes in the pay structure based on factors such as educational qualifications and nature of duties. It held that the government's decision to distinguish between the pay scales of Veterinary Surgeons and Medical Officers was not discriminatory.

Issues: The main issue was whether the revision of pay scales for Veterinary Surgeons compared to Medical Officers constituted discrimination and violation of pay parity.

Ratio Decidendi: The court emphasized that the government has the prerogative to make changes in the pay structure based on various factors, including educational qualifications and nature of duties. It held that maintaining pay parity on previous occasions did not bind the government to maintain it for all times to come.

Final Decision: The court dismissed the five writ petitions, finding no merit in the petitioners' claim of discrimination in the revision of pay scales.

JUDGMENT :

KULDIP SINGH, J.

1. This judgment shall dispose of five writ petitions bearing CWP Nos. 20860, 23045 of 2012, 1017, 28745 and 4843 of 2013, involving the same question of fact and law.

2. Petitioners in all writ petitions were working in the Animal Husbandary and Dairy Department of the State of Haryana in various capacities.

3. The brief facts have been extracted from CWP No. 20860 of 2012, titled as Jagdish Chander and Others vs. State of Haryana and Another.

4. Petitioners claim that they were appointed as Veterinary Surgeons and retired from service on various dates prior to 22.08.2012. They claim that the Haryana Government with conscious decision has granted the same pay scale to the Veterinary Surgeons and the Medical Officers/Dental Surgeons w.e.f. 01.04.1995. Even non-practicing allowance was also granted at par with the HCMS Doctors. The Government of Haryana adopted 5th Pay Commission Report of the Government of India, in which pay parity was maintained between the Veterinary Surgeons and General Duty Medical Officers. Reliance was also placed upon para 55.291 of the 5th Pay Commission Report, in which it was recommended that the posts requiring a degree of B.V. Sc. and AH with registration in the Veterinary Council of India as the minimum essential qualification may be applicable to General Duty Medical Officers and Dental Doctors under the Government of India. The Veterinaries should have complete parity with Dental and General Duty Medical Officers, as given in Annexure 55.9, in terms of pay scales and career prospects.

5. The said recommendations were accepted w.e.f. 01.01.1996 and the following pay scales were granted to the Haryana Civil Medical Service Doctors and Veterinary Surgeons in the Department of Animal Husbandry:-

Name of the post/cadre in which the Govt. servant were recruited as a directed recruited fresh entrant

First Assured Career Progression scale

Second Assured Career Progression scale

Haryana Civil Medical Service Doctors

10000-325-13900 (After 5 years of regular satisfactory service in the cadre)

12000-375-16500 (After 11 years of regular satisfactory service in the cadre)

Veterinary Surgeons in the Department of Animal Husbandry

10000-325-13900 (After 5 years of regular satisfactory service in the cadre)

12000-375-16500 (After 11 years of regular satisfactory service in the cadre)

6. Thereafter, the 6th Pay Commission of Government of India also maintained the pay parity between Medical Officers and Veterinary Surgeons on the same ground, as per para 3.8.25 of 6th Pay Commission Report. Accordingly, the pay scales of Veterinary Surgeons and Medical Officers were revised from 01.01.2006. The relevant extract of Schedule I, Part I, Haryana Civil Services (Assured Career Progression) Rules 2008, is reproduced as under:-

Name of Post Cadre

Existing Scheme

Pre-revised/ modified

Revised ACP Pay Structure

Haryana Civil Medical Services

Pay Band

Pay Band Code

Grade Pay

Medical Officers

8000-13500 (entry level pay scale)

No change

9300-34800 (entry level pay band)

PB-2

5400

 

10000-13900 (after 5 years of regular satisfactory service)

No Change

15600-39100 (after 5 years of regular satisfactory service

PB-3

6000

 

12000-16500 (After 11 years of regular satisfactory service limited to 20% of the post of MO in the cadre

No Change

15600-39100 (after 11 years of regular satisfactory service limited to 20% of the post of MO in the cadre)

PB-3

7600

Haryana Veterinary

 

Services 8000-13500 (entry level pay scale)

No Change

9300-34800 (entry level pay band)

PB-2

5400

 

10000-13900 (after 5 years of regular satisfactory service)

No Change

15600-39100 (after 5 years of regular satisfactory






































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