Page No.# 1/16 GAHC010243392023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6382/2023 GUNINDRA KR NATH SON OF LATE KRISHNA CHARAN NATH, VILLAGE AND P.O.- DAULASAL, DIST.- NALBARI, ASSAM, PIN- 781312. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-781036. 3:THE PHARMACY COUNCIL OF INDIA REPRESENTED BY ITS REGISTRAR-CUM-SECRETARY NBCC CENTRE 3RD FLOOR PLOT NO. 2 COMMUNITY CENTRE MAA ANANDAMAI MARG OKHLA PHASE-1 NEW DELHI- 110020. 4:THE ASSAM PHARMACY COUNCIL Page No.# 2/16 REPRESENTED BY ITS REGISTRAR PHARMACY BHAWAN HENGRABARI GUWAHATI- 781036. 5:THE PRINCIPAL SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006 Advocate for the Petitioner : MR J ABEDIN, MR. K I MAZUMDER,MR N SARMA Advocate for the Respondent : SC, HEALTH, SC, FINANCE Linked Case : WP(C)/6146/2023 DINAMANI KALITA AND 38 ORS SON OF LATE RATNESWAR KALITA VILLAGE - HAHARA P.O. PUTHIMARI DIST. KAMRUP ASSAM PIN-781380. 2: PHANINDRA DEKA SON OF LATE UTTAM DEKA VILLAGE AND P.O. NIZ-BAHJANI DISTRICT- NALBARI ASSAM PIN-781334 3: DILIP DEKA SON OF LATE PRABHAT CH DEKA VILLAGE- HABERIKURA P.O. PUTHIMARI Page No.# 3/16 DIST. KAMRUP ASSAM PIN-781380. 4: ANIL BORAH SON OF LATE KSHAMADHAR BORAH VILLAGE - KAHITALI P.O. ANDHERIGHAT DIST. DARRANG ASSAM PIN -784148. 5: KAMALESWAR BARO SON OF LATE BORA RAM BARO 116 KALITA PARA BHAKATPARA DIST. UDALGURI ASSAM PIN-784190. 6: SHYAM RAY BARUAH SON OF PARASURAM BARUAH R/O. UDALGURI CIVIL HOSPITAL CAMPUS P.O. AND P.S. UDALGURI DIST. UDALGURI ASSAM PIN-784509 7: BANESWAR RABHA SON OF MANI RAM RABHA VILL.PURANI BHERGAON P.O. BHERGAON DIST. UDALGURI ASSAM PIN-784522. 8: MD. FAJLUR RAHMAN Page No.# 4/16 SON OF KAZIM UDDIN MUNCHI ABHAYAPURI NAYAPARA WARD NO- 4 P.O. AND P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 9: PABAN CH. DAS SON OF LATE GANESH CH. DAS R/O. TRINAYAN REGENCY BHETAPARA P.O. BELTOLA P.S. HATIGAON DIST. KAMRUP(M) ASSAM PIN-781028. 10: MD. ABDUS SAMAD SON OF FOYZAL HOQUE VILL. AND P.O. AMBARI BAZAR DIST. GOALPARA ASSAM PIN-783129. 11: DIGANTA SARMA SON OF BODAN SARMAH R/O. BIHPURIA WARD NO. 9 P.O. AND P.S. BIHPURIA DIST. LAKHMPUR ASSAM PIN-784161. 12: HEMANTA BARUAH Page No.# 5/16 SON OF LATE PRAFULLA CH BARUAH R/O. H.P. APARTMENT FLAT NO. 2-E DINESH OJAH PATH BHANGAGARH GUWAHATI -781005. 13: BHABEN SAIKIA SON OF THANESWAR SAIKIA R/O. RAHA SHC P.O. AND P.S. RAHA DIST. NAGAON ASSAM PIN-782103. 14: SHOHIM UDDIN SON OF HAZRAT ALI VILL AND P.O. KALGACHIA P.S. KALGACHIA DIST. BARPETA ASSAM PIN -781319 15: AJGAR ALI AHMED SON OF LATE ABDUL HAMID R/O. RUKMINIGAON SHANTI PATH H/NO. 13 P.O. KHANAPARA DIST.KAMRUP(M) ASSAM PIN-781022 16: SULTAN ALI SON OF LATE HAKIM ALI VILL. KATAHBARI Page No.# 6/16 P.O. AND P.S. GORCHUK DIST. KAMRUP(M) PIN-781035 17: MD. SURUT ZAMAN SON OF ALI AKBOR AHMED VILL. KISMAT KATHMI P.O. DEKACHANG DIST. KAMRUP ASSAM PIN -781136 18: MD. AMIR KHAN SON OF MD. SHARIYAT KHAN VILL. CHENGELIDIA P.O. CHENIMARI DIST. BARPETA ASSAM PIN -781305. 19: AKAN KR. NATH SON OF SRI BIRENDRA KR. NATH VILLAGE - DHANTOLA P.O. CHENGNOI DIST. NALBARI ASSAM PIN -781337 20: DWIJEN MENA SON OF LATE JOGENDRA NATH MENA R/O. NALBARI TOWN WARD NO. 2 P.O. AND P.S. NALBARI DIST. NALBARI ASSAM PIN-781335. 21: DHRUBA GOSWAMI Page No.# 7/16 SON OF GOLOKESWAR GOSWAMI R/O. SHYAMRAY MANDIR GOBINDAPUR PATHSALA P.O. PATHSALA DIST. BARPETA ASSAM PIN-781326. 22: AMRIT MITRA SON OF SONTOSH MITRA VILLAGE - HAHKATA P.O. MAZDIA DIST. BAKSA ASSAM PIN-781367. 23: FRANCIS NARZARY SON OF SABURAM NARZARY P.O. AND P.S. UDALGURI DIST. UDALGURI ASSAM PIN-784509. 24: MD. RAFIKUZ ZAMAN SON OF LATE ISMAIL HOSSAIN VILL. RUPAKUCHI P.O. KADONG DIST. BARPETA ASSAM PIN-781314. 25: UMACHARAN RABHA SON OF GAJENDRANATH RABHA VILL. AND P.O. RAMPUR P.S. MUSHALPUR DIST. BAKSA Page No.# 8/16 ASSAM PIN-781377. 26: ABDUL MALEQUE MIYA SON OF LATE ISMAIL HUSSAIN R/O. MILANPUR WARD NO.11 DIST. MORIGAON ASSAM PIN-782105. 27: DIPAMANI BEGUM DAUGHTER OF RAMESH ALI VILL. BHAKUATEPA P.O. SARTHEBARI DIST. BARPETA ASSAM PIN -781311. 28: MD. ABDUL MATLEB SON OF AFAZ UDDIN VILLAGE - DHALAGASA P.O. RANGAPANI DIST. BONGAIGAON ASSAM PIN-783384. 29: BHASKAR JYOTI SARMA SON OF KESHAB CH. SARMA VILL. BORJALAH - MILANPUR P.O. TANGLA DIST. UDALGURI ASSAM PIN-784521 30: BITUPON DAIMARI SON OF SRI NAGEN DAIMARI VILLAGE - CHAMUAPARA P.O. TANGLA Page No.# 9/16 DIST. UDALGURI ASSAM PIN-784521. 31: SUNIL SARKAR SON OF SUDHANGSHU MOHAN SARKAR VILL. NEWLARBHITHA P.O. KARAGORI DIST. BARPETA ASSAM PIN-781307. 32: PARTHA DAS GUPTA SON OF LATE BIDYUT DAS GUPTA R/O. BIDYUT REKHA BHAWAN GREEN PARK COLONY MALIGAON DIST. KAMRUP (M) ASSAM PIN-781011. 33: MD. SURAT JAMAL DEWAN SON OF ANCHER UDDIN DEWAN R/O. HOWLY TOWN WARD NO. 10 SOLEMAN PATH MADHYA AMBARI P.O. AND P.S. HOWLY DIST. BARPETA ASSAM PIN-781316. 34: DHANESWAR KALITA SON OF LATE RATI RAM KALITA VILL. HAHARA P.O. PUTHIMARI Page No.# 10/16 DIST. KAMRUP ASSAM PIN-781380. 35: BIPUL DEKA SON OF HUMESWAR DEKA VILLAGE AND P.O. SARTHEBARI DIST. BARPETA ASSAM PIN-781307. 36: MD. FAJLUL HOQUE SON OF ABDUL KARIM VILLAGE - ADHIARPARA P.O. SANIADI DIST. KAMRUP ASSAM PIN-781102. 37: DELOWAR HUSSAIN SON OF LATE CHAND ALI VILL. ATAGAON P.O. SARUTAPA DIST. BARPETA ASSAM PIN-781352. 38: MD MAKCHER ALI SON OF LATE MANIR ALI R/O. PATHSALA TOWN WARD NO.6 P.O. AND P.S. PATHSALA DIST. BARPETA ASSAM PIN-781325 39: RUHUL AMIN TALUKDER SON OF LATE OSMAN GONI TALUKDAR Page No.# 11/16 ABHAYAPURI TOWN WARD NO.2 P.O. AND P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-06. 2:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI- 781036. 3:THE PHARMACY COUNCIL OF INDIA REPRESENTED BY THE REGISTRAR-CUM-SECRETARY NBCC CENTRE 3RD FLOOR PLOT NO. 2 COMMUNITY CENTRE MAA ANANDAMAI MARG OKHLA PHASE-1 NEW DELHI- 110020. 4:THE ASSAM PHARMACY COUNCIL REPRESENTED BY THE REGISTRAR PHARMACY BHAWAN HENGRABARI GUWAHATI- 781036. 5:THE PRINCIPAL SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT Page No.# 12/16 DISPUR GUWAHATI- 781006. ------------ Advocate for : MR J ABEDIN Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 25.11.2025 Heard Mr. J Abedin, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned Addl. Advocate General, Assam. 2. W.P(C) No. 6382 of 2023 is filed by the petitioner who was served as a Head Pharmacist (B Pharma) employed under the Department of Health till his superannuation. 3. W.P(C) No. 6146 of 2023 is filed by the 39 writ petitioners who share common causes of action as they are employed as Pharmacists (B Pharma) under the Department of Health and Family Welfare and posted in the various places across the state. 4. The grievances of the petitioners are that in terms of the recommendations made under the Assam Services Revision of Pay Rules 2017 recommending for grant of revised and higher pay-scales including Grade pay of the Head Pharmacist and Pharmacists working in the state of Assam, these revised pay-scales have not been given effect to. 5. The learned counsel for the Petitioners submits that for the Head Pharmacist is a promotional post from the post of Pharmacist (B. Pharma) which is the entry level post. Petitioner in W.P(C) No. 6382 of 2023 has fulfilled all the Page No.# 13/16 eligible criteria and therefore he meets the requirement for being granted the recommended pay scale. Likewise the petitioners in W.P(C) No. 6146 of 2023 also fulfilled the required parameters for being granted the recommended pay scale. However the same has not been granted. Being aggrieved the present writ petitions have been filed. In both the writ petitions, the petitioners have filed representations ventilating their grievances before the appropriate authority namely Director Health Service. However, their representations have not been redressed and as a consequence thereof they have approached this Court. 6. The Department of Health has filed their affidavit where they have accepted that the recommendations have been made under the R.O.P. 2017 and there is a clear averment that the Directorate namely the Directorate of Health and Family Welfare has already submitted proposals to the Government which is under process. The affidavits do not reveal that the claims made by the writ petitioners have been disputed by the respondent- Health and Family Welfare Department. 7. Considering the submissions made and upon perusal of the proceedings available on the record, it is seen that the following recommendations have been made in respect of the Head Pharmacist and Pharmacist. In so far as the Head Pharmacist is concerned, the recommendations made are as under: (i) Head Pharmacist:- Earlier: PB-2, Pay Scale: Rs. 5200 to 20,200 and GP: Rs. 3100 Revised: PB-2, Pay Scale: Rs. 14,000 to Rs. 60,500 and G.P: Rs. 8000. 8. In so far as Pharmacist (B. Pharma) is concerned, the recommendation made are as under: Page No.# 14/16 Pharmacist [B. Pharma (Practice)/Degree Holder] ROP 2017:- PB-2, Pay Scale: Rs. 14,000 to 49,000 and GP: Rs. 7400. Recommended: PB-2, Pay Scale: Rs. 22,000 to Rs. 78,000 and GP: 8700. 9. In the affidavit filed on behalf of the Directorate, there is a clear averment that the proposals to that effect have been submitted. These averments are made in Paragraph-8 of the said affidavit. The representations were filed in both the writ petitions before the Directorate of Health Services on 11.07.2023. The entire claim of the writ petitioners have been elaborated in the representation, giving the existing pay scale and the recommended pay scale. The representations have been filed requesting the Department to implement the higher pay structure as recommended by the Commission as per the report in the Seventh Pay and Productivity Pay Commission. These representations have not been disputed. 10. In the affidavit filed by the Finance Department also, there is a clear averment that the Health and Family Welfare Department was requested to re- organize the service as per the recommendation of APC 1994 and amend the Service Rule and then re-submit the financial implications by the endorsement dated 31.08.2022. 11. It appears that the recommendation for the higher pay-scale has not been disputed by the respondents. The Health and Family Welfare on the other hand as per the affidavit filed has submitted their proposal to the Government. However, from the affidavit it is not clear whether these proposals have ultimately been placed before the Finance Department. The Finance on the other hand also does not dispute the recommendation in respect of Head Pharmacist and Pharmacists (B Pharma). However, in spite of the Health and Page No.# 15/16 Family Welfare Department being requested to submit the proposals with financial implications, the same has not been placed before the Finance Department for reasons best known to the Department of Health and Family Welfare. 12. Under such circumstances, at this stage, there is no lis to be decided before this Court in view of the clear acceptance by the respondent department in respect of the recommendations made by the Finance Department towards enhanced pay-scale recommended for Head Pharmacist and Pharmacist (B Pharma). 13. Under such circumstances, this Court is of the view that the representation pending before the Directorate of Health and Family Welfare should be effectively disposed of by passing a speaking order and further the proposals necessary for implementation of the pay recommendation should be expeditiously submitted by the Department of Health and Family Welfare so that these recommendations can be implemented without any further delay. 14. Needless to say that once the pay recommendations are made by the appropriate authority by constituting an expert body like a Pay Commission, and the same having been in-principle accepted by the department of Health as well as by the Finance Department, there is no reason not to take appropriate steps for implementation of the same. 15. Let this order by carried out by the Health Department for disposal of the representation and further onward submission of the proposals to the Finance Department within a period of 60 (sixty) days from the date of receipt of certified copy of this order. The Finance Department will thereafter examine the proposals and pass appropriate orders/recommendations within a further period Page No.# 16/16 of three months thereafter. 16. In view of the above directions, both the writ petitions are disposed of. Interim orders if any stand vacated. JUDGE Comparing Assistant