Dismissed¶¶48

Preetam Kewat And Ors. v. State Of Chhattisgarh And Ors.

Chhattisgarh HC21 Apr 2024WPS/1579/2014

Case brief

AI extract

What is this about?

Pharmacist Grade-II vs Rural Medical Assistant pay parity; Chhattisgarh health services; pay fixation as executive/policy matter; limits of judicial review; Article 226 Constitution; K.T. Veerappa (2006) 9 SCC 406 relied on; representation Annexure P/1 rejected 04/01/2014; WPS No. 1579 of 2014 dismissed; Goutam Bhaduri J.

What did the court decide?

Pay fixation and determination of parity being a completely policy matter and a function of the executive, this Court will not exercise judicial review unless the administrative decision is pointed out to be void ab initio or a flagrant misuse of any right granted to the petitioners under the Constitution. ¶¶45

Preetam Kewat And Ors. Vs State Of… — Writ and Judicial Review | Chhattisgarh HC (2024)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 1579 of 2014

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Preetam Kewat, D/o Dilharan Kewat, Aged About 31 Years, R/o Presently Posted As Pharmacist Grade II, At Primary Health Centre, Masturi, PS Masturi, District Bilaspur (C.G.)

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Tarun Kumar Tripathi, S/o M.L. Tripathi Aged About 34 Years, Presently Posted As Pharmacist Grade II, At Primary Health Centre, Jairam Nagar, Masturi, PS Masturi, District Bilaspur, Chhattisgarh

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Hari Shankar Sahu, S/o Roopchand Sahu Aged About 29 Years Presently Posted As Pharmacist Grade II, At Primary Health Centre, Kota, PS Kota, District Bilaspur, Chhattisgarh

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Rajesh Parihar, S/o S.L. Parihar Aged About 31 Years Presently Posted As Pharmacist Grade II, At Primary Health Centre Pachpedi, Block Masturi, PS Masturi, District Bilaspur, Chhattisgarh

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Pankaj K. Upadhyay, S/o R.K. Upadhyay Aged About 29 Years Presently Posted As Pharmacist Grade II, At Primary Health Centre, Kota, PS Chakarbhata, District Bilaspur, Chhattisgarh

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Rajesh Addil, S/o Chetan Addil, Aged About 29 Years Posted As Pharmacist Grade II, R/o Mission Compound, Behind Convent School, Takhatpur, PS Takhatpur, District Bilaspur, Chhattisgarh

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Ganga Prasad S/o Sukhi Ram, Aged About 37 Years Presently Posted As Pharmacist Grade II, At Primary Health Centre, Raipura, PS Janjgir, Distt Janjgir Champa, CG.

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---- Petitioners

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Versus

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State Of Chhattisgarh, Through its Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt Raipur, CG

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The Director, Directorate Of Health Services, Govt. Of Chhattisgarh, Old Nurses Hostel Campus, D.K.S Premises, PS Gol Bazar, Raipur, Dist Raipur, Chhattisgarh

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The Deputy Director, Directorate Of Health Services, Govt. Of Chhattisgarh, Old Nurses Hostel Campus, DKS Premises, PS Gol Bazar, Raipur, Dist Raipur, Chhattisgarh

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The Union Of India, Through The Secretary, Ministry Of Health And Family Welfare Department, Nirman Bhawan, New Delhi 110077,

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The Medical Council Of India, Pocket-14, Sector 8, Phase I, Dwarka, New Delhi 110077

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---- Respondents

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For Petitioners : Shri Abhyuday Tripathi, Advocate appears on behalf of Shri Mateen Siddiqui, Advocate.
For Respondents No.1, 2 & 3/State: Shri R.K. Gupta, Addl.A.G. & Shri Anurag Tripathi, PL.
For Respondent No.5 : Shri Venketesh Pandey, Advocate appears on behalf of Shri R.S. Marhas, Advocate.

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Hon'ble Shri Justice Goutam Bhaduri Order on Board

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22/04/2024

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Heard.

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The main grievance of the petitioners is that the petitioners who are working as Pharmacists have been deprived to their entitlement as compared to that of Rural Medical Assistant, who have been given a higher pay-scale and the better facilities in their service.

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It is submitted that on the earlier occasion a writ petition bearing WPS No.2900 of 2013 was filed wherein the issue was highlighted that in the State of Chhattisgarh Rural Medical Assistants have been provided with better pay-scale and status than the Pharmacist whereas the State Government has already discontinued the admission in the medical

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course which was for the Rural Medical Assistant. Consequently, the Rural Medical Assistant would not be available yet the recruitment drive was being carried out. On such submission, this Court by order dated 07/11/2013 directed for filing a representation. The representation having been filed, the same was dismissed by order dated 04/01/2014 (Annexure P/1), this petition.

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The submission is made on behalf of the petitioners that the rejection of the representation (Annexure P/1) by the Directorate, Health Services is completely misconceived as it has only taken into course of the Rural Medical Assistant and since the course is of 3 & ½ years, therefore, they should be given higher pay-scale. But the petitioners have passed out D-Pharma, B-Pharma or M-Pharma, which is 2 Years, 4 Years and 6 Years which covers vast syllabus of allopathy medicine and health system and is recognized and approved with the Pharmacy Council of India and registered with State Pharmacy Council. It is stated a recognized degree is granted to Pharmacist as compared to the Rural Medical Assistant, which is a three year degree course for non-technical and is only regulated by the Chhattisgarh Chikitsa Mandal. It is further stated that since the Course has already been closed in the year 2004 and withdrawn by the Government in the year 2008, limited resources would be available for appointment for Rural Medical Assistant. Therefore, putting the Rural Medical Assistant over and above the Pharmacist is completely denial of their right and the parity as Pharmacist discharge better job. Consequently, the order Annexure P/1

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be quashed and fresh order be issued.

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Per contra, learned State counsel would submit that the post of Pharmacist and the post of Rural Medical Assistant are two different streams and different pay-scale is attached to definite post. Pay-scale of Rural Medical Assistant has been made as per the Chhattisgarh Rural Medical Assistant Class-III (Non-Gazetted) Service Recruitment Rules, 2013 whereas the pay-scale of Pharmacist have been made as per Madhya Pradesh/Chhattisgarh Public Health And Family Welfare Department Non-Ministerial (Related to the Directorate of Health Services) Class-III, Service Recruitment Rules, 1989, therefore, both the streams cannot be treated at par. Consequently, the order of the State do not suffer with any illegality.

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Heard the learned counsel for the parties.

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According to the State, the scope of work of RMAs Rural Medical Assistants includes assisting in implementation of all National and State Level Health Programmes and in case of any emergency situation, RMAs have to provide primary health care services and then refer the patients to higher level of public hospitals based on the requirement; to provide for preventive health education and measures to attain good health and the RMAs help to provide limited primary level treatment i.e. basic maternal and child health care, conduction of delivery, basic management of complications of pregnancy and childbirth etc. and to perform simple operative procedures repair of small wounds by

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stitching, drainage of abscess; burn dressing etc. It also covers the linkages with communities to increase the service delivery etc. Regular meeting with the peripheral staff; follow up in treatment diseases, follow up of all National Health Programmes in coordination with the Block Medical Officers.

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According to the State, the respondents have started the three year diploma course called "Practitioners in Modern and Holistic Medicine" in the year 2001 and 1349 students had completed the course, however for some reason or the other, the course could not be effectively carried on, but it has not been abandoned.

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According to the State, the RMAs are qualified graduates holding Diploma in "Practitioners in Modern and Holistic Medicine" approved under the Chhattisgarh Chikitsa Mandal Adhiniyam, 2001 from recognized schools in the State of Chhattisgarh. In the first year, the curriculum comprised of anatomy, physiology and biochemistry. The method of teaching is also different which is based on demonstrations, lectures and practical. The second year curriculum includes pathology, microbiology, pharmacology and social and preventive medicine and the teaching methodology is based on demonstrations, lectures and practical with emphasis on National Health Programmes and common diseases, further focusing on family medicine. Third year curriculum includes Medicine, paediatrics surgery, obstetrics, gynaecology, ophthalmology etc. and teaching is based on demonstrations, lectures and practical with other subjects of alternative medicine, symptomatic

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and syndromic approach for the practice of medicines, minor surgical procedures and further focusing on family and community medicine. Thereafter, on completion of course, the graduate had to undergo an internship for a period of one year and the one year internship is for three year students have significant exposure to rural public health system with 1 month training at Sub Health Centre, 3 months at PHC, 4 months at Community Health Centre and 4 months at District Hospital and in the District Hospital there are rotational postings in the departments of surgery, medicine and other departments for periodical days. Therefore, clinical training gives to the students field-based learning of the public health systems and enables them to develop skills to provide health care services even with limited availability of equipments and facilities.

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As per contention of the State, it would show that application and the field of work of both Rural Medical Assistant and the petitioners who hold the degree of pharmacy, they operate in different field. The recruitment process is also on a different cadre, separate rules are operating for both the streams including the educational qualification and mode of appointment. Therefore, there cannot be any comparison as to how the Rural Medical Assistants are getting a higher scale.

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It is completely a policy matter of the State wherein the expert have laid down the curriculum and procedure. This Court in exercise of power under Article 226 of the Constitution of India would restrain itself to go into such executive and policy domain.

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The Supreme Court in the matter of K.T. Veerappa and others Vs. State of Karnataka and others reported in (2006) 9 SCC 406 has held that the fixation of pay and determination of parity in duties is the function of the executive and the scope of judicial review of administrative decision would be very limited. The relevant para 13 is reproduced hereunder:-

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“13. He next contended that fixation of pay and parity in duties is the function of the executive and financial capacity of the Government and the priority given to different types of posts under the prevailing policies of the Government are also relevant factors. In support of this contention, he has placed reliance on State of Haryana v. Haryana Civil Secretariat Personal Staff Association (2002) 6 SCC 72) and Union of India v. S.B. Vohra (2004) 2 SCC 150. There is no dispute nor can there be any to the principle as settled in the case of State of Haryana v. Haryana Civil Secretariat Personal Staff Association (supra) that fixation of pay and determination of parity in duties is the function of the executive and the scope of judicial review of administrative decision in this regard is very limited. However, it is also equally well-settled that the courts should interfere with administrative decisions pertaining to pay fixation and pay parity when they find such a decision to be unreasonable, unjust and prejudicial to a section of employees and taken in ignorance of material and relevant factors.”

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Therefore, in view of such settled proposition, it being a completely policy matter and function of the executive, this Court will not exercise the judicial review unless it has been pointed out that it is void ab initio or flagrant misuse of any right granted to the petitioners under the

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Constitution.

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