JUDGMENT

M.S. Ramachandra Rao, J. (Oral)

These two LPAs are preferred by the appellants challenging common order dated 29.03.2017 passed in CWP-1017-2013 and CWP-20860-2012.

The stand of the appellants

2. In the said Writ Petitions the appellants, along with other persons, who are appointed as Veterinary Surgeons and retired from service on various dates prior to 22.08.2012, had questioned Haryana Government Notification dated 20.02.2009 whereby there was a revision in pay scales of HCMS officials granting them higher pay scales after rendering 10 years of regular satisfactory service and after rendering 15 years of regular satisfactory service, but similar benefit was not given to the appellants.

3. The Veterinary Surgeons then filed a representation and claimed the same relief.

4. Thereafter their pay scale was also revised vide notification dt. 22.08.2012 from the date of the said notification and they were granted higher pay scale after rendering 11 years of regular satisfactory service but limited to 25% of the cadre strength. Similarly, the next higher pay scale was granted after rendering 17 years of service which was further limited to 20% of the cadre strength.

5. The appellants contended that the Veterinary Surgeons were being discriminated against in the matter of revision of pay scales since the benefit was granted to the HCMS officers w.e.f. 22.02.2009, but to the Veterinary Surgeons it was granted from 22.08.2012; while HCMS officers were granted higher pay scales after rendering 10 and 15 years of regular satisfactory service without limiting it any cap in the cadre strength, Veterinary Surgeons were discriminated against by granting them next higher pay scale on completion of 11 and 17 years of regular satisfactory service by placing a cap of 25% and 20%, respectively on the cadre strength.

6. It was contended that both under the 5th Pay Commission Report and 6th Pay Commission Report commissioned by the Government of India, pay parity was being maintained between HCMS Officers and Veterinary Surgeons, but the State of Haryana had denied such parity under the notification dated 22.08.2012 to the Veterinary Surgeons.

The stand of the State/respondents

7. Written statement was filed by the State opposing the said plea. It is the contention of the State that the posts of Veterinary Surgeons and HCMS Doctors are not comparable; that their qualifications and job profiles are different; admission and study of the MBBS/MS/MD Course is more rigorous than that of the Veterinary Surgeons; availability of MBBS/MD for HCMS is also less as compared to Veterinary Surgeons.

8. It is contended that after the general revision of pay scales w.e.f. 01.01.2016, there were demands of the Members of the Veterinary Surgeons cadre, which were considered by the Pay Anomaly Commission; and after considering all facts and circumstances, the Pay Anomaly Commission recommended improved pay scales for this cadre opining that there is no logic in the demand of the Veterinary Surgeons for complete pay parity with HCMS Doctors though in the past i.e., before 20.02.2009 their pay scales were identical. Reliance was placed on a Government notification dated 20.04.2001 which states as under:-

"It is on account of the dynamics of shifting emph