- 1 - HC-KAR NC: 2026:KHC:17729-DB WP No. 3843 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 3843 OF 2021 (S-KSAT) BETWEEN: 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVT., DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DIRECTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, ANADNA RAO CIRCLE, BENGALURU-560009. …PETITIONERS (BY SRI. B RAVINDRANATH, AGA) AND: 1. KARNATAKA STATE GOVERNMENT PHARMACISTS ASSOCIATION (AFFILIATED TO KARNATAKA GOVERNMENT EMPLOYEES ASSOCIATION), REP. BY ITS PRESIDENT, SRI B.S.DESAI, HAVING ITS OFFICE AT O/O DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICES COMPOUND, ANANDA RAO CIRCLE, BENGALURU-560009. 2. SRI K M MANJUNATH AGED ABOUT 57 YEARS, S/O LATE SRI MUDDE RANGEGOWDA, WORKING AS SENIOR PHARMACIST, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17729-DB WP No. 3843 of 2021 VICTORIA HOSPITAL, BENGALURU-560002. R/AT NO.6, 4TH A CROSS, YESHWANTHPUR, BENGALURU 560022. …RESPONDENTS (BY SMT. RUPA B DEVARAJU AND SRI C BEERESH, ADV. FOR SRI SHARATH S GOGI, ADV. FOR R1) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO SET-ASIDE THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL ON 24.07.2019 IN APPLICATION NOS.3179 AND 3180 OF 2017 VIDE ANNEXURE-B AND B) PASS SUCH OTHER ORDERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners-State Authorities in the Department of Health and Family Welfare Services are before this Court questioning the order dated 24.07.2019 in Application Nos.3179 and 3180/2017 passed by the Karnataka State Administrative Tribunal at Bengaluru (“for short, ‘the Tribunal’), whereunder the Tribunal passed the following order: - 3 - HC-KAR NC: 2026:KHC:17729-DB WP No. 3843 of 2021 “(i) Applications are allowed and endorsement bearing No.DPÀÄPÀ 274 ºÉZïJ¸ïJA 2014 dated 15.03.2017 at Annexure-A10 passed by the 1st respondent is hereby quashed. (ii) Respondents are directed to extend the benefit of pay scale of Rs.10000-18150 as per 2007 Pay Scales and Rs.20000-36000 as per 2012 Pay Scales to the Senior Pharmacists of 1st applicant- Association, including the 2nd applicant, with all consequential benefits. (iii) The entire exercise shall be completed within a period of six months from the date of receipt of a copy of this order.” The Tribunal directed the petitioners herein to extend the benefit of pay scale of Rs.10000-18150 as per 2007 Pay scales and Rs.20000-36000 as per 2012 Pay Scales to the senior Pharmacists of the first respondent Association of the Department of Health and Family Welfare Services. 2. Heard learned Additional Government Advocate Sri.B.Ravindranath for petitioners and Smt.Rupa B. Devarajua and Sri.C.Beeresh, learned counsels for - 4 - HC-KAR NC: 2026:KHC:17729-DB WP No. 3843 of 2021 Sri.Sharath S. Gogi, learned counsel for respondent No.1. Perused the entire writ petition papers. 3. Brief facts of the case are that, the members of the first respondent as well as second respondent claimed that they are working as Pharmacists in the Health and Family Welfare Services Department. Under Annexure-A3, Government order dated 30.07.2010, the Labour Department by executive order created 55 posts of senior Pharmacists in the Pay Scale of Rs.10000-18150. The respondents claiming parity, filed the above stated applications and sought for extension of the same benefit, which was extended to the Senior Pharmacists in the Labour Department. The Tribunal under impugned order quashed the endorsement dated 15.03.2017 issued to the respondents and directed to extend the Pay Scale as noted above. Questioning the said order, the State is before this Court in this writ petition. - 5 - HC-KAR NC: 2026:KHC:17729-DB WP No. 3843 of 2021 4. Learned Additional Government Sri.B.Ravindranath for petitioners would submit that the Government Order creating 55 posts of Senior Pharmacists in the Pay Scale of Rs.10000-18150 was modified by Government order dated 30.10.2017 and the same was brought to the notice of the Tribunal. However, the Tribunal issued direction to extend the Pay Scale to the members of the respondent- Association. 5. Further, learned Additional Government Advocate would submit that the relief granted by the Tribunal involves financial implication and further he submits that the Hon'ble Apex Court in the decision of UNION OF INDIA AND ANOTHER VS. P.V.HARIHARAN AND ANOTHER1 has made it clear that fixation of Pay/Change of Pay is the function of a Government and the Courts and Tribunals cannot interfere with the same lightly. Further, learned Additional Government Advocate submits that the Hon'ble Apex Court also observed that 1 (1997) 3 SCC 568 - 6 - HC-KAR NC: 2026:KHC:17729-DB WP No. 3843 of 2021 wherever the financial implication is involved, it shall be heard by a Bench consisting of at least one Judicial Member. Therefore, learned counsel would submit that the Tribunal consisting of single member was not justified in allowing the application directing to extend the Pay Scale as noted above. 6. Per contra, Smt.Rupa B. Devaraju and Sri.C.Beeresh, learned counsel appearing for the respondent No.1 would contend that the Tribunal rightly directed to extend the Pay Scale on parity. Learned counsel would submit that the Pharmacists and Senior Pharmacists in the department of Health and Family Welfare Services perform the same and identical duty performed by the Pharmacists and Senior Pharmacists in the Labour Department. Therefore, they would submit that the members of the respondent-Association would be entitled for Pay Scale extended to the Pharmacists and Senior Pharmacists in the Labour Department. Further, it is also brought to the notice that the Government order - 7 - HC-KAR NC: 2026:KHC:17729-DB WP No. 3843 of 2021 withdrawing Annexure-A3 dated 30.07.2010 was the subject matter of Application Nos.1115-1127/2018 wherein the Government order dated 30.10.2017 withdrawing Annexure-A3 dated 30.07.2010 is quashed and the said order of the Tribunal was the subject matter of W.P.No.7600/2021 and the said writ petition was dismissed as having become infructuous by order dated 11.09.2023. Therefore, they would submit that there is no merit in the writ petition and pray for dismissal of the writ petition. 7. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are of the considered view that in view of the law laid down by the Hon'ble Apex Court in P.V.HARIHARAN (supra), impugned order passed by the Single Member of the Tribunal requires to be set aside with a direction to the Tribunal to hear and pass appropriate order by a Bench consisting of both Judicial and Administrative Member. - 8 - HC-KAR NC: 2026:KHC:17729-DB WP No. 3843 of 2021 8. The respondents have sought for extension of financial benefit that was extended to the Pharmacists and Senior Pharmacists in the Labour Department. The extension of financial benefits to the respondents i.e., Pharmacists and Senior Pharmacists would involve financial implication to the State. Moreover, the fixation of Pay, change of pay etc., is the policy decision of the State Government. However, whether the respondents would be entitled for extension of same Pay Scale extended to the Pharmacists and Senior Pharmacists in the Labour Department on parity is to be examined by the Bench by the Tribunal. 9. Therefore, we deem it appropriate to set aside the impugned order passed by the Tribunal dated 24.07.2019 in Application Nos.3179 and 3180/2017 and to remit back to the Tribunal for fresh consideration in accordance with law. - 9 - HC-KAR NC: 2026:KHC:17729-DB WP No. 3843 of 2021 10. Accordingly, we pass the following: ORDER a) Writ petition is allowed. b) The order passed by the Tribunal in Application Nos.3179 and 3180/2017 dated 24.07.2019 is set aside and remitted back to the Tribunal for fresh consideration. c) All contentions of the petitioners as well as respondents are kept open. d) The parties shall appear before the Tribunal on 03.06.2026. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms