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Showing contexts for: hcms in Dr Dinesh Gulia And Others vs State Of Haryana And Others on 11 March, 2025Matching Fragments
decided on 29.03.2017 wherein this Court specifically held that it is within the competence of the Government to change the pay structure of different class of employees and that the act of the Government in providing a preferential pay structure to the HCMS Doctors as against the Veterinary Surgeons cannot be said to be arbitrary. The operative part of the said judgment dated 29.03.2017 is extracted hereinafter below:-
2 of 10 Neutral Citation No:=2025:PHHC:034191 "I am of the considered view that if the Government has maintained pay parity on two occasions by accepting the recommendations of Central Pay Commission, it would not mean that for all the times to come, the same pay parity has to be maintained between the Veterinary Surgeons and the HCMS Doctors.
For the purpose of fixation of pay, the Government has to take into consideration the various factors including the educational qualification, the rigorousness of the course and other factors as enumerated in the written statement.
Admittedly, in the present case, same pay scales have been given to the petitioners after they raised a demand. However, the pay scales were granted to HCMS Doctors w.e.f. 20.02.2009. The only difference is the date of implementation of pay scale. The further difference is regarding the higher pay scales, which is granted after rendering 11 and 17 years of regular satisfactory service, whereas in case of HCMS Doctors, these were granted after rendering 10 and 15 years of regular satisfactory service. The previous cap limiting it to the certain percentage of the cadre strength of the post has been removed, in case of HCMS Doctors, but the same has been retained with some modification in case of Veterinary Surgeons.
Keeping in view the nature of their qualification, nature of duties and considering the other factors, it cannot be said that the Government had agreed to maintain pay parity 3 of 10 Neutral Citation No:=2025:PHHC:034191 between the Veterinary Surgeons working in the Animal Husbandry and HCMS Doctors for all the times to come. It is always prerogative of the Government to make changes in the pay structure. It is also not an anomaly. It is conscious decision of the Government to make some distinction between the HCMS Doctors and the Veterinary Surgeons.
"Next it is contended by the counsel for the appellants that the Haryana Government had accepted the 6th Pay Commission Report of Government of India in toto and therefore the appellants and other retired Veterinary Surgeons should be treated on par with HCMS officers with regard to the pay scale w.e.f. 01.01.2006 and also ACPs.
We may point out that the appellants themselves had filed extract of the report of the Pay Revision Committee of the Haryana Government dated 23.12.2008 signed by the Chairman and three Members (as Annexure P-6 in CWP-1139-2017). It merely states that one of the aspects considered while making recommendations by the said Pay Revision Committee was also the 6th Central 4 of 10 Neutral Citation No:=2025:PHHC:034191 Pay Commission Report, but other aspects such as Government of India decisions, views of various Departments and Employees Associations in the State, were also taken into account. Thus this document does not support the plea of the appellants that the Govt.of Haryana had "adopted"/accepted in toto the 6th Pay Commission recommendations.