consideration for
admission to the Post Graduate Courses under the category of
HCMS reserved quota of the State of Haryana stands rejected.
The brief facts ... Graduate Degree/diploma in Medical Sciences for the Session 2013
against the HCMS seats in the Haryana quota. No objection
certificates to the appellants were
case of the petitioners is that they had been appointed as
HCMS Doctors between periods ranging from the year 1997 to 2000. They
were admitted ... against Post Graduate Courses against the HCMS quota (40%
State quota) in the Forensic Medicine Department, PGIMS, Rohtak and
completed the said courses from periods
structure w.e.f 01.09.2009, but which has been granted
to HCMS doctors i.e. 01.01.2006. They claim the release of actual benefit
of scales ... with HCMS doctors.
It has been asserted that from the year 1989 till 2006 as and
when the pay scales were revised, the petitioners have
Notification dated 20.02.2009 whereby there was a revision in pay scales of
HCMS officials granting them higher pay scales after rendering 10 years of
regular ... 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
seats were distributed between the two categories of candidates viz. members of HCMS and those belonging to category of open merit candidates. 16 seats which ... India Competitive Examination, were rightly divided between the members of HCMS and the open merit candidates. Allocation of four seats out of 16 seats
earn the right of consideration against the seats
reserved for HCMS categories.
The petitioners claim that they were eligible to be considered against
the HCMS ... years so as to be eligible for consideration
in the HCMS quota. The State policy is dated 31.3.2011 and is subsequent to the
declaration
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 ... 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
Even non-practicing allowance
was also granted at par with the HCMS Doctors. The Government of
Haryana adopted 5th Pay Commission Report of the Government ... Haryana State
Veterinary Services Association for grant of complete pay parity with
HCMS Doctors, observed that the qualifications and job profile of
Veterinary Surgeons
private respondents are the members of
Haryana Civil Medical Services (HCMS) and are aspirants for admission to
Post-Graduate Degree Courses conducted ... called "University"). The
writ petitioners are the members of the HCMS, who have graduated from an
institutions situated in the State of Haryana
Rohtak against one of the posts earmarked for one year
training for HCMS Doctors for doing Post-Graduate Diploma course
during the year ... Haryana Government that during
the session 1980-81, the posts reserved for HCMS Doctors were lying
vacant and they may be treated on deputation
