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2. 8 petitioners have joined together and have filed the present writ petition jointly.

3. By filing this petition under Article 226 of the Constitution of India petitioners seek a direction to the respondents to confer them equal status with Pharmacists serving in Central Government departments and also to upgrade the status of Pharmacists in General Reserve Engineer Force (GREF).

4. Case of the petitioners is that petitioners are diploma holders in Pharmacy and are registered as Pharmacists with their respective State Pharmacy Council as per the provisions of Pharmacy Act, 1948. They were recruited as Pharmacists in GREF where they are now serving. It may be mentioned that at an earlier point of time the post of Compounder was renamed as Pharmacist. However, in the course of re-organization of GREF, the post of Pharmacist was abolished and those working as Pharmacist like the petitioners were adjusted as nursing staff. It is stated that none of the Pharmacists were retrenched following such abolishment and they were all adjusted against vacant posts of Leading Hand (Nursing). It is stated that as per Assured Career Progression (ACP) Scheme, 22 Pharmacists who were adjusted as Leading Hand (Nursing) were granted first financial upgradation on completion of 12 years of service and second financial upgradation on completion of 24 years of service as per guidelines issued by the Department of Personnel & Training (DOPT), Govt. of India.

6. Grievance of the petitioners is that the said benefit has not been extended to the petitioners though Controller General of Defence Accounts had clarified on 29.04.2011 that Pharmacists in GREF are entitled to revised pay structure.

7. With the above grievance, present writ petition has been filed.

8. Notice in this case was issued on 30.05.2014.

9. Respondents have filed a common affidavit. Stand taken in the affidavit is that as per Recruitment and Promotion Rules, 1982, Pharmacists of GREF were placed in the pay scale of Rs. 330-10-380-EB-15-560 which was revised from time to time as per recommendations of the 5th Central Pay Commission and 6th Central Pay Commission. It is however stated that the post of Pharmacist in the Border Roads Organization (BRO) which is the same as GREF, was abolished w.e.f. 08.07.1991 but the serving Pharmacists have been retained in lieu of Leading Hand (Nursing) till they exit from the force. It is contended that basic pay and grade pay of Rs. 2800/- has been correctly granted to the petitioners as per recommendations of the 6th Central Pay Commission. It is however admitted that the earlier ACP Scheme has been replaced by Modified ACP Scheme (MACP) w.e.f. 01.09.2008 which provides for three financial upgradations on completion of 10 years, 20 years and 30 years of regular service. Since the post of Pharmacist has been abolished and the incumbents are only serving in lieu of Leading Hand (Nursing), question of upgradation of their status as Pharmacists in the GREF at par with Pharmacists serving in other Central Government Departments does not arise.

12. Way back in 1983 the Hon'ble Supreme Court in R. Viswan Vs Union of India reported AIR 1983 SC 658 had held that GREF is an integral part of the Armed Forces of the Union and the members of GREF can claim to be legitimate members of the Armed Forces within the meaning of the Article 33 of the Constitution.

13. Reference to the above decision has been made in view of the submission made by learned counsel for the petitioners that Pharmacists in the Indian Army have been provided the benefit of DOPT guidelines dated 10.06.2015 and therefore there could be no good reason to decline such benefit to the petitioners.

14. Though the post of Pharmacist in GREF might have been abolished, nonetheless the fact remains that petitioners who were recruited as Pharmacist have been retained in the service of GREF as Leading Hand (Nursing) and their knowledge and skill of Pharmacy are being utilized. Till the petitioners continue their service in GREF, they would be entitled to the service benefits which the other members of GREF are entitled to. If GREF is an integral part of the Armed Forces and some benefits have been given to the members of the Armed Forces like Pharmacists in the Army, it may be necessary for the authorities in GREF to consider extending such benefit to those persons having equivalent qualification who are in the service of GREF notwithstanding abolition of their posts.