JUDGMENT

N.P. Singh, J.-These petitions under Article 32 of the Constitution, have been filed on behalf of the three petitioners, questioning the validity of an order dated 15.6.1984 issued by the Chief Superintendent, Central Hospital (Northern Railway), New Delhi.

2. After the petitioners had been duly registeredas Pharmacists by the Registar. U.P State Pharmacy Council, they were appointed as Pharmacists in the Northern Railway Central Hospital in the scale of Rs. 130-240. Since 1973 petitioners started getting the revised scale of Rs. 330-560. A seniority list of Pharmacists in the pay scale of Rs. 330-560 was prepared. In which names of the petitioners were also included. The impugned orders dated 15.6.1984 were issued to the petitioners, saying that as they were covered by clause (d) of Section 31 of the Pharmacy Act, 1948 (here in after referred to as the Act) their salary was being fixed in the scale of Rs. 330-480 instead of Rs. 330-560 with effect from 1973 It was further said that after completion of 10 years of service, they would be getting the scale of Rs. 330-560. There is no dispute that after completion of 10 years of service petitioners have been getting the scale of Rs 330-560. According to the petitioners, the sudden reduction of the scale of pay from Rs. 330-560 to Rs. 330-480, after several years of the implemention of the said scale, has not only affected financially but even the seniority of the petitioners.

3. It has been stated on behalf of the respondents that aforesaid order dated 15.6.1984, had been issued in view of the Railway Board letter dated 12.8.1975. It was pointed out that as the petitioners were not qualified Pharmacists, possessing the qualifications mentioned in clause (a), (b) and (c) of Section 31 and 32 of the Act, they were not entitled to the pay scale of Rs. 330-560 as per recommendation of the Third Pay Commission and by the impugned orders the pay scale recommended for them was.....(sic)

Section 31 of the Act says:-

"31. A person who has attained the age of eighteen years shall be entitled on payment of the prescribed fee to have his name entered in the first register if he resides, or carries on the business or profession of pharmacy, in the State and if he-

(a) holds a decree or diploma in pharmacy or pharmaceutical chemistry or chemist and druggist diploma of an Indian University or a State Governmant as the case may be, or a prescribed qualification granted by an authority outside India, or

(b) holds a degree of an Indian University other than a degree in pharmacy of pharmaceutical chemistry, and has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than three years, or

(c) has passed an examination recognised as adequate by the State Government for compounders or dispensers, or

(d) has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regular dispensed on prescriptions of medical practitioners for a total period of not less than five years prior to the date notified under sub-section (2) of Section 30."

4. The Third Pay Commission recommended the two revised scale of pay to the pharmacists Grade-B. classifying them into two categories, according to their qualifications In other words, the Pharmacists Grade-B, who were getting the scale of Rs. 130-240, were put in two categories with reference to their qualification, and two scales of pay were recommended, which are as follows:-

Untitled Document

Original Scale

Revised Scale

Qualification

Pharmacist Gr.B

130-240

130-240 330-10-380-EB-15-560

For fully qualified Pharmacist i.e. those possessing qualification mentioned in Sec.31 and 32 of Pharmacy Act, 1948 but excluding those covered by clause (d) of Section 31 of the Pharmacy Act. For unqualified Pharmacists i.e. those covered by-clause (d) of Sec. 31 of Pharmacy Act, or possessing register able qu