9911796707
TMI Blog1994 (2) TMI 329X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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 at they were covered by Clause (d) Section 31 of the Pharmacy Act, 1948 (hereinafter 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 alter completion of 10 years of service, petitioners have been getting t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 five years prior to the date notified under Sub-section (2) of Section 30. 4. The Third Pay Commission recommended the two revised scales of pay to the Pharmacists Grade-B, classifying them into two categories, according to their qualifications. In other words, the Pharmacists Grade-B, who we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade-B into two categories for prescribing the scales of pay- (i) Pharmacists, fully qualified, who possessed the qualifications mentioned in Clauses (a) to (c) of Sections 31(ii) Pharmacists who are covered by Clause (d) of Section 31 of the Act. That recommendation was given effect to w.e.f. 1.1.1973. As such in normal course, the petitioners were entitled to the scale of Rs. 330-480 and not the Scale of Rs. 330-560. But they were getting the scale of Rs. 330-560 since 1973. Once it is established that the petitioners do not belong to the class of Pharmacists, who possessed the qualifications mentioned in Clauses (a) to (c) of Section 31 for whom the separate scale of pay was recommended by the Third Pay Commission which was accepted by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orming the same nature of work, which was being performed by other Pharmacists Grade-B, who have been given the scale of Rs. 330-560. The nature of work may be more or less same, but scale of pay may vary based on academic qualification or experience which justifies classification. The principle of 'equal pay for equal work' should not be applied in a mechanical or casual manner. Classification made by a body of experts after full study and analysis of the work, should not be disturbed except for strong reasons which indicate the classification made to be unreasonable. Inequality of the men in different groups excludes applicability of the principle of 'equal pay for equal work' to them. The principle of 'equal pay for ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
