Full Judgment
WP(C).646/2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944 WP(C) NO. 646 OF 2019 PETITIONER/S: 1 AJITH A., AGED 54 YEARS S/O. ARJUNAN, RETD. PHARMACIST (CRPF), RESIDING AT HRIDHYALAYAM, NEDUMPANA P.O, KOLLAM-691 576 2 C.P. SEBASTIAN AGED 73 YEARS S/O. LATE C.E. POULOSE, RETD. PHARMACIST (CRPF), RESIDING AT CHEERAMBAN HOUSE, EAR KURISUPALLY P.O, KUTTUR, THRISSUR-680 013 3 P.R. JAYADEVAN AGED 54 YEARS S/O. LATE RAMAN P.S, RETD. PHARMACIST (CRPF), RESIDING AT PUTHUKKATTIL HOUSE, POOKODE P.O, VATTANATHRA, THRISSUR-680 302 4 BABU TITUS AGED 55 YEARS S/O. RAJAN TITUS, RETD. PHARMACIST (CRPF), RESIDING AT MYLAMOOTHIL HOUSE, ADARSH NAGAR, PAKKIL P.O, KOTTAYAM, KERALA-686 012 5 GADI VISWANATHA REDDY AGED 58 YEARS S/O. GADI VENKATA REDDY, RETD. PHARMACIST (CRPF), RESIDING AT H.NO. 11/850, MARIYAN VILLA, KAIRALI NAGAR, KAZHAKOOTTOM, THIRUVANANTHAPURAM, PIN-695 582 6 K. PRABHAKARAN AGED 70 YEARS S/O. LATE P. KRISHNAN ASARI, RETD. PHARMACIST (CRPF), RESIDING AT PRANAVAM, KOLLYKONAM, PANACHAMOODU VAMDA, NEDUMANGAD P.O, THIRUVANANTHAPURAM, PIN-695 541 7 C.L. MENON AGED 68 YEARS S/O. LATE M. GOVINDAKURUP, RETD. PHARMACIST (CRPF), WP(C).646/2019 2 RESIDING AT PANINJAYATH HOUSE, MULLAKKARA, AMMADAM P.O, THRISSUR-680 563 8 USHA JAYAN AGED 56 YEARS W/O. R. JAYAMOHAN, RETD, PHARMACIST (CRPF), RESIDING AT VAISHNAVOM NLRA-229-A, NEERAZHI LANE, ULLOOR, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN-695 011 9 MOLLY THANKACHAN AGED 57 YEARS W/O. THANKACHAN GEORGE, RETD. PHARMACIST (CRPF), RESIDING AT ALILAKUZHI HOUSE, NEYYASSERY P.O, THODUPUZHA, IDUKKI-685 581 10 BABU M.V. AGED 55 YEARS S/O. M.K. VELU, RETD. PHARMACIST (CRPF), RESIDING AT MELEVEETTIL HOUSE, THRIKKANDIYUR P.O, TIRUR, MALAPPURAM-676 104 11 BABY M.P. AGED 60 YEARS S/O. PATHROSE M.O, RETD. PHARMACIST (CRPF), RESIDING AT MUKKADACKAL HOUSE, MANNAMANGALAM P.O, THRISSUR-680 12 C.C. UTHUPPAN AGED 77 YEARS S/O. LATE C.O. CHANDY, RETD. PHARMACIST (CRPF), RESIDING AT CHITTEDATHU HOUSE, CHELLAKKAD P.O, RANNI, PAZHAVANDADI, PATHANAMTHITTA-689 677 13 LONAN T.V. AGED 73 YEARS S/O. LATE VAREED T.A., RETD. PHARMACIST (CRPF), RESIDING AT THOMMACHERRY HOUSE, NJARAKAL P.O, ERNAKULAM-682 505 14 M.G. VARGHESE AGED 72 YEARS S/O. LATE M.G. MATHAI, RETD. PHARMACIST (CRPF), RESIDING AT MULAPPON MANNIL, VALANKARA , VENNIKULAM, P.O. THIRUVALLA, PURAMATTAM, PATHANAMTHITTA DISTRICT, PIN-689 544 15 T.M. MATHEN WP(C).646/2019 3 AGED 70 YEARS S/O. LATE T.O. OUMMEN, RETD. PHARMACIST (CRPF), RESIDING AT SANKARAMANGALATHU THELIYIL, ERAVIPEROOR, PATHANAMTHITTA-689 542 16 N.P. ASOKAN AGED 71 YEARS S/O. LATE E.K. PRABHAKARAN, RETD. PHARMACIST (CRPF), RESIDING AT OMANA COTTAGE, THURAVOOR P.O, CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 532 17 A.A. GEORGE AGED 71 YEARS S/O. LATE A.A. ANTHONY, RETD, PHARMACIST (CRPF), RESIDING AT ALAPPADAN HOUSE, SANTHI NAGAR, P.O. PULLAZHI, THRISSUR. 18 P.V. CHAKRAPANI AGED 71 YEARS S/O. LATE VELAYUDHAN, RETD. PHARMACIST (CRPF), RESIDING AT PRASANNA BHAVAN, KALAVAMCODAM, CHERTHALA, ALAPPUZHA- 688 524 19 V.K. JOHNY AGED 67 YEARS S/O. V.C. KOCHAPPU, RETD. PHARMACIST (CRPF), RESIDING AT VAKAYIL HOUSE, DARSANA LANE, P.O. AMALA NAGAR, THRISSUR. 20 K. SASEENDRAN NAIR AGED 70 YEARS S/O. LATE KRISHNA PILLAI, RETD. PHARMACIST (CRPF), RESIDING AT KAMALA COTTAGE, KESAV LANE, BAPPUJI NAGAR, SREEKARYAM, THIRUVANANTHAPURAM-695 017 21 P.G. SAMUEL AGED 68 YEARS S/O. P.C. VARGHESE, RETD. PHARMACIST (CRPF), RESIDING AT PUTHUSSERI VADAKETHIL, P.O. PIDAVOOR, PATHANAPURAM, KOLLAM-689 695 22 GIRLY JACOB AGED 67 YEARS W/O. THANKACHAN, RETD. PHARMACIST (CRPF), RESIDING AT MUPPATHANCHIL HOUSE, MANGANAM P.O, KOTTAYAM, KERALA- WP(C).646/2019 4 ADDL.23 SHAILAJA S., AGED 51 YEARS W/O.LATE AJITH A, RESIDING AT NO.80,6TH BLOCK, 2ND MAIN, BEL LAYOUT, VIDHYARANMUA[IRA. NAMG;PRE - 560097 24 SAJITHA A AGED 24 YEARS D/O. A AJITH A, HRIDHYALAYAM, NEAR NEDUMPAN, KRISHI BHAVAN, NEDUMPANA P.O., KOLLAM, KERALA - 691576. 25 ADDL.R25: ABHIJITH A AGED 18 YEARS S/O. AJITH A, HRIDHYALAYAM NEAR NEDUMPANA KRISHI BHAVAN, NEDUMPANA P.., KOLLAM, KERALA - 691576. 26 DEVAKI. J AJITH A, HRIDHYALAYAM NEAR NEDUMPANA KRISHI BHAVAN, NEDUMPANA P.., KOLLAM, KERALA - 691576. ADDL.R23 TO R26 ARE IMPLEADED AS PER ORDER DATED 18.02.2022 IN IA 1/2022 IN WP(C) BY ADVS. SHAMEENA SALAHUDHEEN SMT.R.SHABANA RESPONDENT/S: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110 001 2 THE DIRECTOR GENERAL CRPF DIRECTORATE, BLOCK NO.1, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 001 3 THE INSPECTOR GENERAL/DIRECTOR (MEDICAL) DIRECTORATE GENERAL (CRPF), EAST BLOCK-7, LEVEL-1, SECTOR-8, R.K. PURAM, NEW DELHI-110 066
BY ADV SRI.P.L.VENUKUMAR, CGC OTHER PRESENT: WP(C).646/2019 5 CGC S.BIJU; ASGI S.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).646/2019 6
V.G.ARUN, J.
----------------------------------------------- W.P(C).No. 646 of 2019 ----------------------------------------------- Dated this the 22nd day of March, 2022
JUDGMENT
The petitioners are retired Pharmacists of the Central Reserved Police Force. While the petitioners were in service, the Government of India had issued Exhibit P1 order dated 17.10.1989 calling for option for combatisation of Group - C and D Hospital Staff in the CRPF. On combatisation, the incumbents were to be governed by the CRPF Act and the CRPF Rules and those who do not opt for combatisation were to continue in the civilian post until superannuation under the existing conditions of service, which will be deemed to as personal to them. The pay scale of Pharmacists at that point of time was Rs.1350-2200 and their rank was that of Sub Inspector. On opting for combitisation the pay scale would get lowered to Rs.1320-2040 and the rank will be that of Assistant Sub Inspector. Because of this drastic variance in the pay scale and rank, petitioners did not opt for combitisation. Instead, they submitted Exhibit P2 representation expressing their willingness to opt for combatisation, if their existing pay scale and rank is maintained. As the representation did not evoke a response, the 2 nd petitioner along with others approached the High Court Andhra Pradesh, resulting in Exhibti P3 judgment directing the authority to WP(C).646/2019 7 consider the representation.
2. The matter was not pursued further. While so, some of the
combatised Pharmacists in the CRPF approached the High Court of Jammu and Kashmir claiming parity of grade and rank with their counter parts in the Indo Tibetan Border Police (ITBP). The prayer of the petitioners therein resisted by contending that the CRPF and ITBP are two different forces having separate grades and there cannot be parity among two different classes. The petition was allowed by a learned Single Judge and the appeal filed by the Union of India dismissed under Exhibit P4 judgment. The SLP filed before the Supreme Court was also dismissed, as evidenced by Exhibit P5. Thereupon, the combatised Pharmacists in the CRPF were granted the rank of Sub Inspector and their pay scale fixed at Rs.1400-2300, at par with their counterparts in ITBP.
3. On coming to know about the refixation of pay scale and
restoration of rank, the petitioners approached the respondents requesting to extend the benefit of higher pay scale and rank to them with effect from the date on which the benefit was granted to the combatised Pharmacists. It was pointed out that the pay scale and rank granted to the combatised Pharmacists granted now is the same pay scale and rank when Exhibit P1 notification calling for option was issued and had the scale and rank been maintained, the petitioners WP(C).646/2019 8 would also have opted for combatisation. The representations got rejected under Exhibit P10 order, stating that the benefit of High Court's order cannot be extended to non-combatised civilian Pharmacists. The writ petition is filed seeking to set aside Exhibit P10 and to direct the respondents to grant petitioners the pay scale of Rs.1400-2300 with effect from 17.10.1989 to 31.12.1995 and accordingly revise their pay scales up to retirement.
4. Learned Counsel for the petitioners strenuously contended
that the duties of non-combatised civilian Pharmacists and combatised Pharmacists are identical. A non-combatised civilian Pharmacist has to fulfill the health care needs of the CRPF personnel in field, hard field and static peace areas. The duties and responsibilities of both sets of Pharmacists being equal, refusal to grant equal pay to the petitioners amounts to discrimination. Therefore, having refixed the pay and rank of Combatised Pharmacists, the benefit should be extended to the petitioners. Had the demand of the petitioners for such benefit made at the time of Exhibit P1 been considered, they would have opted for combatisation at first instance itself.
5. Learned Central Government Counsel contended that, having
refused to exercise option based on Exhibit P1, the petitioners have no vestige of right to demand the pay scale of combatised WP(C).646/2019 9 Pharmacists. It is contended that the duties and responsibilities of civilian and combatised Pharmacists are different. Moreover, the civilian Pharmacists is governed by the Central Civil Service Rules and can continue in service up to 60 years, a combatised Pharmacist is governed by the CRPF Act and will superannuate on attaining the age of 57 years.
6. In my considered opinion, the principle of equal pay for equal
work has no application in the instant case. There is marked difference between the duties, responsibilities and the service conditions of a civilian Pharmacist and a combatised Pharmacist. Even otherwise, having refused to exercise the option for combatisation, the petitioners cannot seek the benefit extended to combatised Pharmacist. That amounts to approbation and reprobation. In Exhibit P1 itself the Government had made it clear that the Pharmacists who do not opt for combatisation will continue in the civilian post under the existing conditions of service till superannuation. The petitioners having thus continued and retired as civilian Pharmacists, have no right to seek parity of pay scale with that of combatised Pharmacists. In the result, the writ petition is dismissed. Sd/- V.G.ARUN, JUDGE vgs WP(C).646/2019 10 APPENDIX OF WP(C) 646/2019 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION NO. A.111- EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 2ND PETITIONER SRI.C.P. SEBASTIAN DATED 11.11.1989 BEFORE THE CHIEF MEDICAL OFFICER, B.H-2, CRPF, HYDERABAD.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 30.6.1994 IN W.P. NO. 17049 OF 1989 OF THE HON'BLE HIGH COURT OF ANDHRA PRADESH. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 12.8.2015 IN LPASW NO. 228/2002 OF THE HON'BLE HIGH COURT OF JAMMU AND KASHMIR EXHIBIT P5 A TRUE COPY OF THE RECORD OF PROCEEDINGS DATED 16.1.2018 IN SLP 15552-15553/2016 OF THE HON'BLE SUPREME COURT. EXHIBIT P6 A TRUE COPY OF THE ORDER NO. J-11- 2ND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE RELEVANT EXTRACT OF CRPF MEDICAL MANUAL. EXHIBIT P8 TRUE COPY OF THE OFFICE ORDER NO. M.V.1/03- GC-HOSP EXHIBIT P8 TRUE COPY OF THE OFFICE ORDER NO. C.III.1/95-DETT. 89 DATED 26.1.1995 EXHIBIT P8 A TRUE COPY OF THE CERTIFICATE OF THE 10TH PETITIONER BEING SERVED AS BLACK CAT IN THE GROUP OF THE NATIONAL SECURITY GUARD. EXHIBIT P8 TRUE COPY OF THE OFFICE ORDER NO. M.V.1/2002-139-DETT DATED 12.2.2002 WP(C).646/2019 11 EXHIBIT P8 TRUE COPY OF THE OFFICE ORDER NO. M.V. EXHIBIT P8 TRUE COPY OF THE OFFICE ORDER NO. D.III- EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 2.6.2018 EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.6.2018 EXHIBIT P10 TRUE COPY OF THE COMMUNICATION NO. J-11- THE 2ND RESPONDENT.