Delhi High Court
Union Of India & Ors vs Indian Railway Pharmacist Association ... on 22 July, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22.07.2025
+ W.P.(C) 10475/2025
UNION OF INDIA & ORS. .....Petitioners
Through: Mr.Shashank Dixit, CGSC with
Mr.Kunal Raj and Ms.Charu
Khandelwal, Advs.
versus
INDIAN RAILWAY PHARMACIST ASSOCIATION
THROUGH ITS WORKING PRESIDENT ANAND GUPTA,
& ORS. .....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE RENU BHATNAGAR
NAVIN CHAWLA, J. (ORAL)
CM APPL. 43518/2025 (Exemption)
1. Allowed, subject to all just exceptions.
W.P.(C) 10475/2025 & CM APPL. 43519/2025
2. This petition has been filed by the petitioners challenging the
Order dated 16.10.2024 passed by the learned Central Administrative
Tribunal, Principal Bench, New Delhi (hereinafter referred to as the,
'Tribunal') in O.A. No.1361/2015, titled Indian Railway Pharmacist
Association, Through its Working President and Ors. v. Union of
India through the General Manager and Ors., allowing the O.A.
filed by the respondents herein.
3. The respondents had filed the above O.A., praying for the
following relief:
"(i) That the Hon‟ble Tribunal may
graciously be pleased to pass an order
directing the respondents to revised the
financial upgradation to the member of
applicant No. 1 and other applicants w.e.f.
1.1.2006 in the revised pay scale/Grade pay by
way of granting the 1st financial upgradation
in Grade Pay of Rs. 4600/- and 2nd financial
up-gradation in Grade Pay of Rs. 4800/- under
ACP on completion of 12 and 24 of years of
service upto 31.8.2008 with all consequential
benefits including the arrears of pay and
allowances w.e.f. 1.1.2006 or from the date of
completion of 12 and 24 of years of service
which is later.
(ii) That the Hon‟ble Tribunal may
graciously be pleased to pass and order of
quashing the impugned order dt.27.1.2015
(Annex.A/1) and consequently, pass an order
directing the respondents to grant the first
financial upgradation to the applicant No.3
w.e.f. 25.1.2007 in Grade pay of Rs. 4600/-
under ACP scheme and second financial
upgradation w.e.f. 25.1.2015 in Grade pay of
Rs.4800/- with all the consequential benefits."
4. To give a brief background of the facts in which the present
petition arises: under the 5th Central Pay Commission ( in short,
'CPC'), the Pharmacist Cadre compromise of five-tier structure as
under:
5th CPC
Designation Scales (Rs.)
Pharmacist Gr. III 4500-7000
Pharmacist Gr. II 5000-8000
Pharmacist Gr. I 5500-9000
Chief Pharmacist Gr. II 6500-10500
Chief Pharmacist Gr. I 7450-11500
5. The 6th CPC, while considering the pay structure for central
government employees, recommended for the merger of pay scales for
several stages and, as far as the Pharmacist Group-C Cadre is
concerned, it was recommended to comprise of a three-tier structure in
Grade Pay of Rs.2,800/-, Rs.4,200/- and Rs.4,600/-.
6. Based on the recommendations of the 6th CPC, the Pharmacists
were placed in the Grade Pay of Rs.4,200/- on completion of two
years' regular service in the Entry Grade of Rs.2,800/PB-I.
7. The bone of contention between the parties is whether this
placement would be treated as promotion for the purposes of the grant
of the MACP benefits.
8. The learned Tribunal, by its Impugned Order, has placed
reliance, inter alia, on the Office Order dated 05.08.2010 issued by the
Ministry of Railways, which reads as under:
"Sub: Revised pay structure of the common
category posts of Pharmacists cadre -
clarification reg.
Attention is invited to Railway Board‟s
letter of even number dated 30.03.2010 on the
above subject.
2. As per para 2 of Board‟s letter dated
30.03.2010 Pharmacist Grade II and Grade I
will be merged and designated as Pharmacist
(non-functional grade) in PB 2 with grade pay
of Rs.4200/- and the grade will be granted to
Pharmacist (entry grade) on non-functional
basis after 2 years of regular service in the
grade pay of Rs.2800. In view of this, the word
„promotion‟ appearing in para 3 of the letter
may be read as „placement‟. Such placement
will, however, be subject to vigilance
clearance.
3. This issues in consultation with
Establishment and Health Directorates and
concurrence of the Finance Directorate of the
Ministry of Railways."
9. It has further found that the entry grade to the post of
Pharmacist is in Grade Pay of Rs.4,200/- and all persons appointed on
direct recruitment to the post of Pharmacist after 01.11.2013 have
been initially placed in the said Grade Pay. The learned Tribunal
further relied upon the Judgment dated 20.11.2017 of the High Court
of Karnataka in Writ Petition No.110551/2017(S-CAT) titled Union
of India and Ors. v. Indian Railway Pharmacists Association and
Anr..
10. The learned counsel for the petitioners submits that as the
placement in the Grade Pay of Rs.4,200/- was on completion of two
years of service, the same has to be treated as a promotion for the
purposes of MACP.
11. We are unable to agree with the above submission of the
learned counsel for the petitioners especially in light of the Circular
dated 05.08.2010 of the Ministry of Railways itself, which has been
reproduced hereinabove.
12. We also see no reason to take a different view from the
Judgment of the High Court of Karnataka.
13. We, therefore, find no merit in the present petition. The same
along with the pending application is, accordingly, dismissed.
NAVIN CHAWLA, J
RENU BHATNAGAR, J
JULY 22, 2025/sg/ik
