HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1579 of 2014

1. Preetam Kewat, D/o Dilharan Kewat, Aged About 31 Years, R/o Presently Posted As Pharmacist Grade II, At Primary Health Centre, Masturi, PS Masturi, District Bilaspur (C.G.)

2. Tarun Kumar Tripathi, S/o M.L. Tripathi Aged About 34 Years, Presently Posted As Pharmacist Grade II, At Primary Health Centre, Jairam Nagar, Masturi, PS Masturi, District Bilaspur, Chhattisgarh

3. Hari Shankar Sahu, S/o Roopchand Sahu Aged About 29 Years Presently Posted As Pharmacist Grade II, At Primary Health Centre, Kota, PS Kota, District Bilaspur, Chhattisgarh

4. Rajesh Parihar, S/o S.L. Parihar Aged About 31 Years Presently Posted As Pharmacist Grade II, At Primary Health Centre Pachpedi, Block Masturi, PS Masturi, District Bilaspur, Chhattisgarh

5. Pankaj K. Upadhyay, S/o R.K. Upadhyay Aged About 29 Years Presently Posted As Pharmacist Grade II, At Primary Health Centre, Kota, PS Chakarbhata, District Bilaspur, Chhattisgarh

6. Rajesh Addil, S/o Chetan Addil, Aged About 29 Years Posted As Pharmacist Grade II, R/o Mission Compound, Behind Convent School, Takhatpur, PS Takhatpur, District Bilaspur, Chhattisgarh

7. Ganga Prasad S/o Sukhi Ram, Aged About 37 Years Presently Posted As Pharmacist Grade II, At Primary Health Centre, Raipura, PS Janjgir, Distt Janjgir Champa, CG.

---- Petitioners Versus

1. State Of Chhattisgarh, Through its Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt Raipur, CG

2. The Director, Directorate Of Health Services, Govt. Of Chhattisgarh, Old Nurses Hostel Campus, D.K.S Premises, PS Gol Bazar, Raipur, Dist Raipur, Chhattisgarh

3. The Deputy Director, Directorate Of Health Services, Govt. Of Chhattisgarh, Old Nurses Hostel Campus, DKS Premises, PS Gol Bazar, Raipur, Dist Raipur, Chhattisgarh

4. The Union Of India, Through The Secretary, Ministry Of Health And Family Welfare Department, Nirman Bhawan, New Delhi 110077, 5. The Medical Council Of India, Pocket-14, Sector 8, Phase I, Dwarka, New Delhi 110077 ---- Respondents For Petitioners : Shri Abhyuday Tripathi, Advocate appears on behalf of Shri Mateen Siddiqui, Advocate.

For Respondents No.1, 2 & 3/State: Shri R.K. Gupta, Addl.A.G. &

Shri Anurag Tripathi, PL.

For Respondent No.5 : Shri Venketesh Pandey, Advocate appears on behalf of Shri R.S. Marhas, Advocate.

Hon'ble Shri Justice Goutam Bhaduri

Order on Board

22 /04/202 4 Heard.

1. The main grievance of the petitioners is that the petitioners who are working as Pharmacists have been deprived to their entitlement as compared to that of Rural Medical Assistant, who have been given a higher pay-scale and the better facilities in their service.

2. It is submitted that on the earlier occasion a writ petition bearing WPS No.2900 of 2013 was filed wherein the issue was highlighted that in the State of Chhattisgarh Rural Medical Assistants have been provided with better pay-scale and status than the Pharmacist whereas the State Government has already discontinued the admission in the medical course which was for the Rural Medical Assistant. Consequently, the Rural Medical Assistant would not be available yet the recruitment drive was being carried out. On such submission, this Court by order dated 07/11/2013 directed for filing a representation. The representation having been filed, the same was dismissed by order dated

04/01/2014 (Annexure P/1), this petition.

3. The submission is made on behalf of the petitioners that the rejection of the representation (Annexure P/1) by the Directorate, Health Services is completely misconceived as it has only taken into course of the Rural Medical Assistant and since the course is of 3 & ½ years, therefore, they should be given higher pay-scale. But the petitioners have passed out D-Pharma, B-Pharma or M-Pharma, which is 2 Years, 4 Years and 6 Years which covers vast syllabus of allopathy medicine and health system and is recognized and approved with the Pharmacy Council of India and registered with Sta