Key Facts
Himachal Pradesh High Court has directed the state government to provide Ayurvedic pharmacists with the same pay scale and grade pay as their counterparts in the Health and Family Welfare Department. The decision, delivered by Justice Jiya Lal Bhardwaj, also mandates payment of arrears from three years prior to the filing of the petition, with a 6% interest penalty if not paid within three months.
Details of the Judgment
The court quashed a discriminatory notification dated September 28, 2012, which had excluded Ayurvedic pharmacists from the enhanced pay scale granted to allopathic pharmacists. The bench observed that both categories of pharmacists had historically received identical remuneration since April 1, 1978, and through subsequent pay revisions in 1986, 1996, and 2006. The 2012 notification arbitrarily broke this parity, violating the constitutional right to equality.
Petitioners and Relief
The petitions were filed by Manohar Lal, Amar Nath Rai, and others. The court ordered that the petitioners be paid financial arrears from three years before the date of filing the petition. If the government fails to make the payment within three months, it will incur an additional 6% annual interest on the arrears.
Impact and Significance
This ruling brings relief to thousands of Ayurvedic pharmacists in Himachal Pradesh who have long demanded equal treatment. The court emphasized that while it generally refrains from interfering in executive decisions on pay scales, it cannot remain a silent spectator when state action is clearly discriminatory and irrational. The state, as a model employer, must treat its employees fairly and equally.
What Readers Should Know
- Ayurvedic pharmacists will now receive the same pay scale (₹10,300-34,800) and grade pay (₹4,600 for chief pharmacists, ₹4,200 for pharmacists) as allopathic pharmacists.
- Arrears will be calculated from three years before the petition date, with interest if delayed.
- The decision sets a precedent for other states where similar disparities exist.
FAQ
What did the Himachal High Court order regarding Ayurvedic pharmacists?
The court ordered that Ayurvedic pharmacists in Himachal Pradesh be given the same pay scale and grade pay as allopathic pharmacists, with arrears from three years before the petition was filed.
Why did the court intervene in the pay scale issue?
The court found the 2012 notification discriminatory and arbitrary, violating the constitutional principle of equality, as both sets of pharmacists had historically received the same pay.
What happens if the government fails to pay arrears on time?
If the arrears are not paid within three months, the government must pay 6% annual interest on the amount.
Since when were Ayurvedic and allopathic pharmacists paid equally?
They received equal pay since April 1, 1978, and through subsequent revisions in 1986, 1996, and 2006, until the 2012 notification changed it.