The main legal point established in the judgment is the minimal intervention of the courts in matters of pay scale determination by the executive and the application of the principle of 'equal pay for equal work' in the context of pay disparity.

JUDGMENT :

Ved Prakash Vaish, J.

By way of the present petition, the petitioners assail the action of the respondents in non-implementation of the recommendation of the Fast Track Committee, which was accepted by the Government of India vide Office Memorandum dated 18th November, 2009 as also seek implementation of the Office Memoranda dated 18th November, 2009 and dated 10th June, 2015 and grant of benefits in terms of the said Office Memoranda along with the arrears of pay after implementation of the financial up gradation. The petitioners also seek directions for grant of parity of pay of scale at par with Central Government Health Services w.e.f. 1st January, 1996 along with arrears.

2. Briefly recapitulating the facts leading to the filing of the present petition are that the petitioners herein are working as Assistant Sub Inspector/Pharmacist in the Border Security Force (B.S.F.). After completion of the training the petitioners were posted to different places all over India and they were serving to the utter satisfaction of the superior officers in the chain of command and nothing adverse were found against them.

3. It is stated that the nature of duties of the petitioners are dynamic, multi dimensional, patient oriented professionals committed to fulfilling the health care needs of the patients. The role of the Pharmacist in the Para Military Forces are having more responsibilities and they play a crucial role in ensuring not only the smooth running/functioning of soldiers but also renders crucial help in other operational aspects of the forces on ground.

4. The petitioners are stated to be most trusted health care professional who were consulted for proper use of prescribed medicines dispensed by the doctor and in the absence of the doctor by them.

5. The petitioners also state that they are serving under the BSF which is declared as Central Armed Police Force and the petitioners? are serving as combatized duty personnel’s (as soldier is never off duty).

6. It is also stated that in the Fifty Central Pay Commission Report accepted by the Central Government and implemented w.e.f. 1st January, 1996, there were three pay scales of Central Government Health Services in respect of Pharmacist which were applicable to the Pharmacist Cadre of the respondents. The same are as under:-

7. It is further stated that after implementation of the Sixth Central Pay Commission, the Government of India referred the matter of certain common category posts in which the post of Pharmacist was one of the category. The Fast Tract Committee recommended that the Entry Grade of Pharmacist in Central Government should remain at Grade-Pay of Rs. 2800 in the Pay Band PB-1 and on completion of two years service in the Entry Grade, all the personnel should be granted non-functional up gradation to the next higher grade having Grade Pay of Rs. 4200/- in the Pay Band PB-2. The said recommendation of the Committee regarding the pay scale of the Pharmacists Cadre was accepted by the Government of India and the Ministry of Finance vide Office Memorandum dated 18th November, 2009 thereby approving the pay structure for common category post of Pharmacist Cadre with effect from 1st January, 2006.

8. It was also notified that the aforesaid up gradation would not be treated as promotion for the purpose of Assure Career Progression Scheme. It is stated that the petitioners raised the points of granting the benefit of the Office Memorandum in the Sainik Samellan as also the petitioner No. 1 filed representation but no action thereon was taken by the respondents. Hence, the petitioners having no other alternative remedy, approached this Court seeking relief’s as stated in paragraph 1 herein above.

9. It