JYOTIRMAY BHATTACHARYA, J. - (1.) THE petitioners were appointed as Veterinary Compounders on regular basis in October, 1999 on an initial pay of Rs.2650/ - in the scale of pay of Rs.2650 -4000 and other allowances as admissible as per rules under the Directorate of Animal Husbandry and Veterinary Services of A & N Islands.Both of them were directly recruited in the said post which was Group -D non -gazetted, non -ministerial post. As per the recruitment rules, 75% of the vacancies in the said post are to be filled up by promotion from the cadre post of Veterinary Stockman and Laboratory Attendant having three years ' service in the cadre post and remaining 25% of the vacancies are to be filled up by direct recruitment. The educational qualification prescribed for the direct recruit, is higher than the educational qualification which is prescribed for the promotee under the Recruitment Rules. For the direct recruitment the candidates must have passed 12th standard. Candidates in the cadre post who passed Class -VIII standard are eligible for promotion to the post of Veterinary Compounder. The pay scale for the Veterinary Compounders was uniformly fixed all throughout, irrespective of the nature of their appointment i.e. either by direct or by promotion or by deputation transfer.
(2.) PROBLEM started when the 5th Central Pay Commission recommendations were sought to be implemented in A & N Islands by the Administration of A & N Islands. As a matter of fact 5th Pay Commission Report recommended for grant of the pay scale of Rs.2650 -4000 to the Veterinary Compounders who were in the pre -revised scale of Rs.800 -1150. The 5th Central Pay Commission also recommended for revision of pay scale of those employees who were in the pre -revised scale of Rs.950 - 1500 by giving them the pay scale of Rs.4000 -6000 provided they were matriculate and had also completed the requisite training course. As per the existing hierarchy position of Para Veterinary staff in A & N Islands, senior Veterinary Compounder holding Group -C post had been enjoying the pay scale of Rs.950 -1500 before revision of their pay scale as per the recommendations of the 5th Central Pay Commission. Senior Veterinary Compounder which is earmarked as Group 'C ' post is the next higher post to the Veterinary Compounder in the existing hierarchy position of Para Veterinary staff in these Islands. The post of Senior Veterinary Compounder is also filled up partly by direct recruitment and partly by promotion from the cadre post of Veterinary Compounder. Thus even a less qualified employee who is in the cadre post of Veterinary Compounder, is equally eligible to be considered for promotion to the post of Senior Veterinary Compounder along with the Veterinary Compounder who are recruited directly having higher qualification than the promotees in the cadre post. Since the nomenclature of the various posts of Para Veterinary staff, their gradation and the pay scale prescribed therefor in A & N Islands do not tally with the nomenclature of various posts in Veterinary service in other parts of the country, its gradation and/or pay scale prescribed for such post, some confusion arose with regard to the implementation of the 5th Central Pay Commission recommendations in Port Blair. As a result, an anomaly committee was constituted by the A & N Administration which recommended the pay scale of Rs.4000 - 6000 for the Veterinary Compounder or Stockman and the pay scale of Rs.4500 -7000 was recommended for the Senior Veterinary Compounders. Even two different pay scales for two different categories of employees in the post of Veterinary Compounder, were recommended by the Anomaly Committee.Pay scale of Rs.4000 -6000 was recommended for those promotee Veterinary Compounders who had matric qualification and completed the requisite training course as per the 5th Pay Commission recommendation. A lesser scale of pay of Rs.2610 - 3540 was recommended for those who were non -matric promotees in the said post. Subsequently uniform scale of pay was recommended for all the promotee Veterinary Compounders in relaxation of their educational qualification. But no recommendation was made for revision of the pay scale of those employees who were recruited directly in the said post, despite they had better qualification than the promotee in the said post, at the time of their initial appointment. The A & N Administration implemented the said scale of pay, as recommended by the Anomaly Committee granting the benefits thereof to the promotee Veterinary Compounder, who had requisite qualification as per 5th CPC recommendations, without obtaining approval of the said Anomaly Committee 'Section recommendation from the competent authority of Union of India. Subsequently, on the objection given by the competent authority of Union of India, the grant of pay to the Veterinary Compounder in the said scale of Rs.4000 -6000 was discontinued by the A & N Administration and in fact a recovery proceeding was also sought to be initiated to recover the excess payment which was made to the Veterinary Compounder in the said unapproved revised scale. However, such recovery proceeding had to be abandoned as per the order passed by this Hon 'ble Court in an earlier writ petition filed by a group of employees under the said department of A & N Islands including some Veterinary Compounders. Thereafter, uniform scale of pay i.e. Rs.2610 -3540 was granted to all the Veterinary Compounders under the said department by the A and N Administration by following the direction of the competent authority of Union of India. Admittedly, the petitioners completed the requisite inservice training course as per the recommendation of 5th Central Pay Commission, in 2001.
(3.) AFTER completing the requisite training course as per the recommendations of the 5th Central Pay Commission in 2001, the petitioners submitted their representations before the concerned authority for grant of pay scale of Rs.4000 -6000 to them. Such prayer of the petitioners was ultimately rejected by the Ministry of Agriculture, Department of Animal Husbandry and Dairying and Fisheries, Government of India and its decision was communicated to the Secretary(Agriculture), A & N Administration by the Under Secretary to the Government of India vide his letter dated 31st May, 2010. In pursuance of the said communication the administration of A & N Islands also passed an order being No.1050 dated 1st July, 2010, by refusing to grant the pay scale of Rs.4000 -6000 to the petitioners as well as the other two Veterinary Compounders who were directly recruited in the said post having identical educational background with that of the petitioners. The reasons for which the petitioners ' prayer for grant of the pay scale of Rs.4000 - 6000 was rejected by the competent authority of Union of India are as follows: - "1. Granting the pay scale of Rs.4000 -6000 to four Veterinary Compounders only will create dis -satisfaction amongst other veterinary compounders who will continue to remain in the scale of Rs.2650 -4000. 2. Any such move will have the effect of distortion in the Veterinary Units as next promotional hierarchy is Senior Veterinary Compounder (Rs.3050 -4590) and Veterinary Supervisor (Rs.4000 -6000). There will be demand for up -gradation of scale for these posts also. 3. The 5th Central Pay Commission in all probabilities must have considered, while recommending pay scale for different category of para -veterinary staff, about qualification, training etc. and as such, it would tantamount to doubt the wisdom of the Pay Commission to relax the condition for the applicantsonly. " ;