BENCH v. P.P. ABDULKADER

BY ADV SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION RESPONDENTS: 1 2 3 P.P. ABDULKADER, AGED 61 YEARS, S/O SIRAJ HAJI, PHARMACIST, COMMUNITY HEALTH CENTRE, KADAMATH ISLAND, UT OF LAKSHADWEEP, RESIDING AT PATHUMMAPURA HOUSE, KADAMATH ISLAND, UT OF LAKSHADWEEP, PIN – 682556. P.P. CHERIYAKOYA, AGED 63 YEARS, S/O LATE. YUSUF, PHARMACIST, LAKSHADWEEP MEDICAL STORE, KOCHI, PERMANENTLY RESIDING AT PUTHIYAPANDARAM HOUSE, ANDROTH ISLAND, UT OF LAKSHADWEEP, PIN – 682551. M. AZEEZ, AGED 60 YEARS, S/O. E.P. MUTHUKOYA, PHARMACIST, PRIMARY HEALTH CENTRE, KALPENI, UT OF LAKSHADWEEP, RESIDING AT MANNEL HOUSE, KALPENI, UT OF LAKSHADWEEP, PIN – 682557. OP(CAT) No.2/2024 2 4 5 6 7 8 9 H.B. IBRAHIM, AGED 58 YEARS, S/O. EDREES MANIKFAN, PHARMACIST, GOVERNMENT HOSPITAL, MINICOY, UT OF LAKSHADWEEP, RESIDING AT HASSANBEBEGOTHI, MINICOY ISLAND, UT OF LAKSHADWEEP, PIN - 682559 P.P. LAILABI, AGED 54 YEARS, W/O.B.HUSSAIN, PHARMACIST, PRIMARY HEALTH CENTRE, KALPENI, UT OF LAKSHADWEEP, PERMANENT RESIDENT OF PAKKRICHYAPURA, KEECHERI, ANDROTH ISLAND, UT OF LAKSHADWEEP, PIN - 682551 T.K. AMINABI, AGED 58 YEARS, W/O. P.P. MUHAMMED, PHARMACIST, COMMUNITY HEALTH CENTRE, KADAMATH ISLAND, UT OF LAKSHADWEEP, RESIDING AT THOTTATHUKARA HOUSE, KADAMATH ISLAND, UT OF LAKSHADWEEP, PIN - 682556 M. SALEEM, AGED 53 YEARS, S/O. PALLATH MUTHUKOYA, PHARMACIST, HEALTH SERVICES, DISTRICT PANCHAYATH, KAVARATTI, UT OF LAKSHADWEEP, PERMANENT RESIDENT OF MARAL HOUSE, KALPENI ISLAND, UT OF LAKSHADWEEP, PIN - 682557 M.K. MOHAMMED RAFI, AGED 50 YEARS, S/O. CHAMAYAM KOYA, PHARMACIST, HEALTH SERVICES, DISTRICT PANCHAYATH, KAVARATTI, UT OF LAKSHADWEEP, PERMANENT RESIDENT OF MOPPANA KADIYODA, KILTAN ISLAND, UT OF LAKSHADWEEP, PIN - 682558 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FAMILY & HEALTH WELFARE, NIRMAN BHAVAN, NEW DELHI, PIN – 110001. BY SRI.SHAFIK M.A. BY SRI.MANU S., DSGI THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) No.2/2024 3 A.Muhamed Mustaque, J. JUDGMENT The short issue in this matter is regarding the claim made by the party respondents herein for the benefit of Grade Pay of Rs.4,200/- in Pay Band 2 with effect from

01.01.2006 as per Annexure-A2 produced before the Central Administrative Tribunal. The party respondents are Pharmacists working in the Union Territory of Lakshadweep. The Lakshadweep Administration sought certain clarification from the Finance Ministry as to the pay structure of the pharmacists in the Union Territory of Lakshadweep. It is apparent that when the counter was filed, they did not receive proper communication or response from the Union Government. The Tribunal placing reliance on Annexure-A2, which is applicable to the common category post of Pharmacist in the Union Territory as well, extended it to the applicants also. The Tribunal disposed of the matter on

26.07.2023. The clarification was received by the Lakshadweep Administration on 26.07.2023, the same day when the original application was disposed of by the Tribunal. The clarification is produced as Annexure RA2. This clarification will have a substantial bearing in the outcome of the case. A review application was filed. The Tribunal refused to invoke the review jurisdiction. This is how the Lakshadweep Administration has come up before this Court. OP(CAT) No.2/2024 4

2. Heard the learned counsel for both sides.

3. Having adverted to the facts and circumstances, we are of the view that the matter has to be remitted back to the Tribunal for consideration in the light of the clarification issued by the Union Government on 26.07.2023. In the clarification, it is stated that the benefit of Annexure R2A would be available to only such pharmacists who are having minimum educational qualification of 10+2 plus, two years Diploma in Pharmacy and registration with the State Pharmacy Council. The eligibility itself become a subject of the issue now. It is appropriate that the matter is considered by the Tribunal afresh after giving an opportunity of hearing to both sides to raise further pleadings in the matter. Accordingly, the impugned order is set aside. The matter is remitted back to the Tribunal. The parties shall appear before the Tribunal on 14.2.2024. The original petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- SHOBA ANNAMMA EAPEN, JUDGE OP(CAT) No.2/2024 5 APPENDIX OF OP (CAT) 2/2024 PETITIONERS' ANNEXURES: ANNEXURE A1 A TRUE COPY OF THE ORDER IN F.NO. 62/1/2000-DMHS(AC)(2) DATED 12.07.2000 ISSUED BY THE 3RD RESPONDENT. ANNEXURE A2 ANNEXURE A3 ANNEXURE A4 ANNEXURE A5 ANNEXURE A6 A TRUE COPY OF THE OM IN F.NO. 1/1/2008-IC DATED 18.11.2009 ISSUED BY THE DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE. A TRUE COPY OF THE OM IN F.NO. 60(1)-E- III(B)/2010 DATED 02.06.2010 ISSUED BY THE DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE. A TRUE COPY OF THE OM IN F.NO. A- 28011/01/2008-PMS (PART I) DATED 09.07.2010 ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE. A TRUE COPY OF THE ORDER IN F.NO. G.12011/1/2010-CGHS.II DATED 16.07.2010 ISSUED BY DG HEALTH SERVICES, GOVERNMENT OF INDIA. A TRUE COPY OF THE ORDER NO. A.32016/86/DHFWS/2013 DATED 03.01.2014 ISSUED BY THE OSD, DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICES, UT OF PUDUCHERRY. ANNEXURE A7 A TRUE COPY OF THE ORDER IN F.NO. 62/3/2010-11-DMHS(AC) DATED 08.10.2011 ISSUED BY THE 3RD RESPONDENT. ANNEXURE A8 A TRUE COPY OF THE LETTER IN F.NO. 1/5/2011-IGH DATED 31.01.2014 ISSUED BY THE MEDICAL SUPERINTENDENT. OP(CAT) No.2/2024 6 ANNEXURE A9 A TRUE COPY OF THE LETTER IN F.NO. 5/11/2013-DHS DATED 27.03.2015 OF THE 3RD RESPONDENT. ANNEXURE R1A A TRUE COPY OF THE NOTE FILE CONTAINING THE OBSERVATIONS OF THE FINANCE AND ACCOUNTS DEPARTMENT. ANNEXURE R1B A TRUE COPY OF THE CORRESPONDENCE BETWEEN THE 3RD AND 1ST RESPONDENT DATED 27.11.2023. ANNEXURE R1C A TRUE COPY OF THE CORRESPONDENCE BETWEEN THE 3RD AND 1ST RESPONDENT DATED 09.12.2015. ANNEXURE R1D A TRUE COPY OF THE REMINDER LETTER ISSUED TO THE MINISTRY DATED 13.07.2017. ANNEXURE R1E A TRUE COPY OF THE OM DATED 12.06.2023 ISSUED BY THE DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA. ANNEXURE R1F A TRUE COPY OF THE LETTER FROM THE DIRECTORATE OF HEALTH SERVICES DATED 10.07.2023. ANNEXURE RA1 A TRUE COPY OF THE FINAL ORDER DATED 26.07.2023 IN O.A. NO. 959/2016 BY THE HON'BLE CAT, ERNAKULAM BENCH. ANNEXURE RA2 A TRUE COPY OF THE LETTER NO. C.13017/04/2022-ADMN.I(FTS:8199370) OF THE MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA DATED 26.07.2023. ANNEXURE RA3 A TRUE COPY OF THE LETTER IN F.NO. 17(2)/E.III(B)/2023 DATED 18.07.2023 OF THE DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE. EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 26.07.2023 IN O.A. NO. 959/2016 OF THE HON'BLE CENTRAL OP(CAT) No.2/2024 7 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. A TRUE COPY OF THE ORDER DATED 05.12.2023 IN R.A. NO. 29/2023 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. A TRUE COPY OF THE ORIGINAL APPLICATION NO. 959 OF 2016 FILED BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. A TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. A TRUE COPY OF THE REVIEW APPLICATION NO. 29 OF 2023 FILED BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. A TRUE COPY OF THE MA NO. 914 OF 2023 FOR CONDONING THE DELAY FILED BEFORE THE HON'BLE CAT, ERNAKULAM BENCH.