B.C. Kandpal and ot hers - Pet it ioners v. St at e of Ut t arakhand and ot her s

Judgment

( p e r H o n ’ b l e Ju s t i ce Sr i M a n o j K u m a r Ti w a r i )

1. Pet it ioner No. 1 was serving as Chief Pharm acist ; while pet it ioner Nos. 2 & 3 were serving as Pharm acist in t he Hospit al m aint ained by G.B. Pant Universit y of Agricult ure and Technology, on t he dat e of filing of t his writ pet it ion.

2. According t o pet it ioners, t hey were ent it led t o benefit of pay revision given t o pharm acist s and chief pharm acist s, wit h effect from 31.12.2013 when pay scales were revised, however, said benefit was given t o t hem only from 18.06.2018 pursuant t o a separat e Governm ent Order.

3. I t is not in disput e t hat pay scale of pharm acist cadre was revised vide Governm ent Order dat ed

31.12.2013 ( Annexure- 7 t o t he writ pet it ion) . By said Governm ent Order, pay scale of pharm acist ( ent ry grade) was revised t o Rs. 9300- 34800, grade pay Rs. 4200/ - ; while pay scale of chief pharm acist was revised 1 t o Rs. 15600- 39100, grade pay Rs. 5400/ - . These revised scales becam e payable wit h im m ediat e effect .

4. Pet it ioners aggrieved subsequent governm ent order dat ed 18.06.2018, issued by Joint Secret ary, Agricult ure and Agricult ural Market ing Depart m ent . By t he said order, revised scales were m ade adm issible t o pharm acist / chief pharm acist in G.B. Pant Universit y of Agricult ure & serving Technology w.e.f. 18.06.2018.

5. Learned counsel for t he pet it ioners has drawn at t ent ion of t his Court t o G.O. dat ed 24.12.2013, issued by Addit ional Chief Secret ary, Governm ent of Ut t arakhand, which is on record as Annexure- 8 t o t he writ pet it ion. I n t he said governm ent order, it was provided t hat t he governm ent order, issued in respect of St at e em ployees shall also be m ade applicable t o em ployees of Zila Panchayat s, Aut horit ies, Aut onom ous bodies, Kum aun Universit y, et c., however, t he concerned governm ent orders as per t heir financial capacit y. organizat ion im plem ent

6. Learned counsel t he pet it ioners refers t o anot her G.O. dat ed 29.09.2014, issued by Principal Secret ary, Agricult ure and Agricult ural Market ing Depart m ent . By t he said governm ent order, aforesaid governm ent order dat ed 24.12.2013 was also m ade applicable t o G.B. Pant Universit y of Agricult ure & Technology.

7. Based on t hese t wo governm ent orders, learned counsel for t he pet it ioners subm it s t hat benefit of pay 2 revision has t o be given t o Pharm acist / Chief Pharm acist serving in G.B. Pant Universit y of Agricult ure & Technology from t he dat e of issuance of governm ent order i.e. 31.12.2013. He subm it s t hat benefit of ACP has also t o be given wit h reference t o 31.12.2013 as t he dat e of pay revision.

8. He furt her subm it s t hat com pet ent aut horit y in G.B. Pant Universit y wrot e t o t he St at e Governm ent , seeking for guidance, however, no reply is given by St at e Governm ent .

9. There appears t o be som e anom aly in grant of revised pay scale t o pet it ioners from 18.06.2018, which can be correct ed by St at e Governm ent .

10. We, accordingly, dispose of t he writ pet it ion by direct ing t he Secret ary, Agricult ure and Agricult ural Market ing Depart m ent , t o look int o t he issue raised by pet it ioners in t his writ pet it ion and t ake decision as per law wit hin five m ont hs from dat e of product ion of cert ified copy of t his order.

11. I t shall be open t o pet it ioners t o subm it t heir case in t he form of represent at ion t o t he Secret ary wit hin t wo weeks from t oday. _______________________________ M A N OJ K UM A R TI W A RI , J. __________________________ A SH I SH N A I TH A N I , J. Dt : 28 t h April, 2025 Mahinder MAHINDER SINGH

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b0 8923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9E A4BABA43D2B8F, cn=MAHINDER SINGH 3