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The appellants contended that the Veterinary Surgeons were being discriminated against in the matter of revision of pay scales since the benefit was granted to the HCMS officers w.e.f. 22.02.2009, but to the Veterinary Surgeons it was granted from 22.08.2012; while HCMS officers were granted higher pay scales after rendering 10 and 15 years of regular satisfactory service without limiting it any cap in the cadre strength, Veterinary Surgeons were discriminated against by granting them next higher pay scale on completion of 11 and 17 years of regular satisfactory service by placing a cap of 25% and 20%, respectively on the cadre strength.

It was contended that both under the 5th Pay Commission Report and 6th Pay Commission Report commissioned by the Government of India, pay parity was being maintained between HCMS Officers and Veterinary Surgeons, but the State of Haryana had denied such parity under the notification dated 22.08.2012 to the Veterinary Surgeons. The stand of the State/respondents Written statement was filed by the State opposing the said plea. It is the contention of the State that the posts of Veterinary Surgeons and HCMS Doctors are not comparable; that their qualifications and job profiles are different; admission and study of the MBBS/MS/MD Course is more 2 of 10 LPA-1139-2017 rigorous than that of the Veterinary Surgeons; availability of MBBS/MD for HCMS is also less as compared to Veterinary Surgeons.

According to him, the Government had kept in view the nature of the qualification of the Veterinary Surgeons, the nature of their duties and considering other factors did not agree to maintain pay parity between the Veterinary Surgeons working in Animal Husbandry and HCMS Doctors for all times to come; it is the prerogative of the Government to make changes in the pay structures; and there was a conscious decision of the State Government to make some distinction between HCMS Doctors and Veterinary Surgeons.

4 of 10 LPA-1139-2017 The instant LPAs Assailing the same these two Appeals are filed by the appellants.

Consideration by the Court Admittedly pay parity was given to Veterinary surgeons with HCMS officers vide the notification dt. 22.8.2012 prospectively, but not from the date the revised pay scale was given to HCMS officers i.e from 22.2.2009.

Also while HCMS officers were granted higher pay scales after rendering 10 and 15 years of regular satisfactory service (ACPs) without limiting it any cap in the cadre strength, Veterinary Surgeons were granted the next higher pay scale on completion of 11 and 17 years of regular satisfactory service ( ACPs) by placing a cap of 25% and 20%, respectively on the cadre strength.