JUDGEMENT
PERMOD KOHLI, J. -
(1.)The petitioners are working as Pharmacists in the rank of
Assistant Sub Inspector in the Central Reserve Police Force. The present
writ petition has been filed seeking a direction for implementation of the
recommendations of the 5th Central Pay Commission regarding
restructuring of combatised pharmacist cadre and creation of
promotional avenues etc.
(2.)The cadre of the pharmacist was earlier non-combatised,
however, in the year 1989, the cadre of pharmacist was made combatised
with designation ASI/Pharmacist. They are in Group 'C' Combatised
Hospital Staff and are governed by Group 'C' and 'D' CRPF Combatised
Hospital Staff Recruitment Rules, 1995. Apart from possessing the
requisite qualifications, they are also required to conform to the physical
standards laid down for combatised person like height, weight, chest,
vision etc. and should in medical category SHAPE 1. They are also to
undergo a basic combatised course of nine weeks' duration, which
includes physical and weapon training.
(3.)The grievance of the petitioners is non-availability of adequate
promotional avenues. Central Government established 5th Central Pay
Commission and the case of the petitioners and similarly situated
employees was also considered by the 5th Central Pay Commission,
which gave its recommendations. Insofar the petitioners are concerned,
relevant recommendations are contained in Annexure P-3 with the writ
petition. Para 52.90 containing recommendations concerning the
Pharmacists reads as under: -
"52.90 Upgradation of pay scale of Registered Pharmacists is sought
from Rs.1350-2200 to Rs.1400- 2600 at par with diploma holders of other
disciplines like Engineering Nursing etc Pharmacy Council of India, recommended
in 1976 and 1994 that the pay scale and promotion avenues of Pharmacists should
be at par with other technical diploma holders in Engineering and Technology as
the post of pharmacist is also technical. We recommend that Pharmacists in view
of the prescribed entry qualifications should be placed in the scale of
Rs.1400-2300 at entry qualifications should be placed in the scale of
Rs.1400-2300 at entry. The grade structure in existence at present should be
modified as follows: -
Nomenclature Pay Scale Qualification Pharmacists Gr. I Rs.1640-2900
2nd ACP Pharmacists Gr. II Rs.1600-2600 1st ACP Pharmacists Gr. III Rs.1400-2300
10+2+2 yrs. Diploma + 3
months training
and registration.
Wherever there is a post of Chief Pharmacists it should be placed in
the pay scale of Rs.2000+3500. Posts of Chief Pharmacists may also be created in
the hospitals in the pay scale of Rs.2000+3500 based on functional
justification. In future no recruitment should be made in this cadre with
qualifications of less than diploma. All those incumbents who possess a diploma
in Pharmacy and are in lower scales at present may also be brought into the
scale of Rs.1400+2300. Incumbents not possessing Diploma in Pharmacy may
continue in the replacement pay scale corresponding to their existing scales
with ACP only."
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