GUJARAT STATE PHARMACIST ASSOCIATION Vs. SECRETARY FINANCE DEPT.

JUDGEMENT

(1.) THE petitioner is the association of Pharmacist of Gujarat State and have invoked Articles-14 and 16 of the Constitution for the relief of placing Sr. Pharmacist in pay-scale of RS.1640-2900 instead of Rs.1600-2660, with effect from 01.01.1986 with all consequential and incidental benefits.

(2.) THE petitioner has relied upon the alleged anomaly in revision of pay-scales pursuant to recommendations of the First, Second, Third and Fourth Pay Commissions, whose recommendations have been incorporated into Revision of Pay Rules, from time to time.

(3.) LEARNED AGP also submitted that according to the law settled by Division Bench decision of this Court [Coram : B.N. Kirpal(as his Lordship then was), C.J. and R.K. Abhichandani,J.] in L.P.A. Nos.226 and 227 of 1993, equation of post or equation of pay must be left to the executive. It was also submitted that pay-scale of Sr. Pharmacist was Rs.1600-2660 and the pay-scale of Chief Pharmacist was Rs.1640-2900, at the relevant point of time. Therefore, revising the pay-scale of the Sr. Pharmacists to Rs.1640-2900 would create anomaly rather than remove it. It was also contended that fixation of pay-scales is a function of the executive and Court has no jurisdiction to interfere.