2025:UHC:3152-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE JUSTICE SRI MANOJ KUMAR TIWARI AND HON’BLE JUSTICE SRI ASHISH NAITHANI Writ Petition (S/B) No. 549 of 2018 B.C. Kandpal and others -Petitioners Versus State of Uttarakhand and others --Respondents -------------------------------------------------------------------- Presence:- Mr. Anil Kumar Joshi, Advocate for the petitioners Mr. Devendra Pant, Standing Counsel for the State of Uttarakhand Mr. Rajendra Dobhal, Senior Advocate, for the respondent(s). -------------------------------------------------------------------- The Court made the following: JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari) 1. Petitioner No. 1 was serving as Chief Pharmacist; while petitioner Nos. 2 & 3 were serving as Pharmacist in the Hospital maintained by G.B. Pant University of Agriculture and Technology, on the date of filing of this writ petition. 2. According to petitioners, they were entitled to benefit of pay revision given to pharmacists and chief pharmacists, with effect from 31.12.2013 when pay scales were revised, however, said benefit was given to them only from 18.06.2018 pursuant to a separate Government Order. 3. It is not in dispute that pay scale of pharmacist cadre was revised vide Government Order dated 31.12.2013 (Annexure-7 to the writ petition). By said Government Order, pay scale of pharmacist (entry grade) was revised to Rs. 9300-34800, grade pay Rs. 4200/-; while pay scale of chief pharmacist was revised 1 2025:UHC:3152-DB to Rs. 15600-39100, grade pay Rs. 5400/-. These revised scales became payable with immediate effect. 4. Petitioners are aggrieved by subsequent government order dated 18.06.2018, issued by Joint Secretary, Agriculture and Agricultural Marketing Department. By the said order, revised scales were made admissible to pharmacist/chief pharmacist serving in G.B. Pant University of Agriculture & Technology w.e.f. 18.06.2018. 5. Learned counsel for the petitioners has drawn attention of this Court to G.O. dated 24.12.2013, issued by Additional Chief Secretary, Government of Uttarakhand, which is on record as Annexure-8 to the writ petition. In the said government order, it was provided that the government order, issued in respect of State employees shall also be made applicable to employees of Zila Panchayats, Authorities, Autonomous bodies, Kumaun University, etc., however, the concerned organization will implement such government orders as per their financial capacity. 6. Learned counsel for the petitioners refers to another G.O. dated 29.09.2014, issued by Principal Secretary, Agriculture and Agricultural Marketing Department. By the said government order, aforesaid government order dated 24.12.2013 was also made applicable to G.B. Pant University of Agriculture & Technology. 7. Based on these two government orders, learned counsel for the petitioners submits that benefit of pay 2 2025:UHC:3152-DB revision has to be given to Pharmacist/Chief Pharmacist serving in G.B. Pant University of Agriculture & Technology from the date of issuance of government order i.e. 31.12.2013. He submits that benefit of ACP has also to be given with reference to 31.12.2013 as the date of pay revision. 8. He further submits that competent authority in G.B. Pant University wrote to the State Government, seeking for guidance, however, no reply is given by State Government. 9. There appears to be some anomaly in grant of revised pay scale to petitioners from 18.06.2018, which can be corrected by State Government. 10. We, accordingly, dispose of the writ petition by directing the Secretary, Agriculture and Agricultural Marketing Department, to look into the issue raised by petitioners in this writ petition and take decision as per law within five months from date of production of certified copy of this order. 11. It shall be open to petitioners to submit their case in the form of representation to the Secretary within two weeks from today. _______________________________ MANOJ KUMAR TIWARI, J. __________________________ ASHISH NAITHANI, J. Dt: 28th April, 2025 Mahinder 3 MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b0 8923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9E A4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.05.22 14:18:53 +05'30'