DR. MS. O.Z. HUSSAIN
_v._
UNION OF INDIA AND ORS.
NOVEMBER 15, 19$9
[RANGANATH MISRA, P.B. SAWANT AND
K. RAMASWAMY, JJ.)
_Civil Services: Service Law-Directorate General_ _of_ _Health_
_Service-Non-medical Wing-'A' Group scientists-Whether entitled to_
_same pay scales and allowances as_ _admissible to_ _their counter-parts_ _in_
_Medical Wing._
_Promotion-Whether a normal incidence of service-Necessity to_
_provide promotional avenue-Pointed out._
A
B
### c
The petitioner, group 'A' scientist belonging to the non-medical
wing of the Directorate General of Health Services, filed a wit petition D
in this Court seeking parity in pay scales and allowances with his
counter-part in the medical wing. It was contend~d that group 'A'
scientists are treated discriminately vis-a-vis their counter-parts in
other Ministries, because the former are not given any promotional
benefits while the latter are provided with avenues for promotion.
E
Allowing the writ petition, this Court,
HELD: I. Provision for promotion increases efficiency of the
- public service while stagnation reduces efficiency and makes the service
ineffective. Promotion is thus a normal incidence of service. There is no
justification why while similarly placed officers in other Ministries F
would have the benefit of promotion, the non-medical 'A' group scientists in the establishment of Directorate General of Health Services
would be depdved of such advantage. [lSJBj
_2._ In a welfare State, it is necessary that there should be an
efficient public service and, therefore, it should have been the obliga- G
tion of the Ministry of Health to provide promotional avenue for this
category of officers. ll81C)
3. On the model of rules framed by the Ministry of Science and
Technology, appropriate rules should be framed providing promotional
avenue for the 'A' category scientists in the non-medical wing of the H
Directorate. [181DJ
177
178 SUPREME COURT REPORTS [1989] Supp. 2 S.C.R.
4. 'A' Group scientists shall be entitled to book allowance,
A higher degree allowance, risk allowance and conveyance allowance
at the same rate as is admissible to doctors in the Medical wing in the
Directorate. [181F]
B
## c
5. Government shall examine the tenability of the claim of Group
'A' scientists for equal pay scales with their counterparts in medical
wing. IISIG]
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
1018 of 1989.
(Under Article 32 of the Constitution of India)
Ranjit Kumar for the Petitioner.
A.D. Singh, (N.P.) R.B. Misra, and Ms. A Subhashini, (N.P.)
D for the Respondents.
The Order of the Court was delivered by
MISRA, J. This is an application under Article 32 of tile ConstituE tion and the President of the National Council of Bio-Medical Scientists
is the petitioner. The reliefs asked for are on the allegation that the
Group 'A' scientists of the Ministry of Health and Family Welfare who
are the members of the Council, are being discriminatingly treated; they
have not been given any promotional benefits and, therefore, there is a
large-scale stagnation in tbe service. It has been alleged that the Group
F 'A' scientists are recruited through the Union Public Service Commission. These scientists possess a Master Degree in the relevant disciplines and 3 years' experience to entitle them to be recruited. It has
been indicated in a chart filed along with the Writ Petitii:m that the
total posts in this category are 243 including post of Drug Controller of
India. The promotional posts available are·filled up by direct recruit#### O ment and open competition and there is no promotional channel pro
vided. Similar scientists in other Ministries, such as Ministry of Science
and Technology, Ministry of Defence, Ministry of Environment and
·Ministry of Oceanography are recruited in terms of rules Ijlade under
the proviso to Article 309 of the Constitution and for their Group 'A'
scientific and technical officers, promotional avenues are available.
H The petition further alleges that on their representations from time to
O.Z. HUSSAIN _v._ U.0.1. [MISRA, J.[ 179
time, meetings have been held but decisions taken in such meetings
have not been given effect to and, therefore, all the representations
have gone unheeded. Particular reference has been made to the
Minutes of a meeting held on 15.5.1989, where Shri Basudeven, Joint
Secretary in the Ministry of Health and Family Welfare presided;
several officers from different wings of the Ministry attended and representatives of the petitioner's Council participated. It has been
alleged that though several demands were pressed by the representatives of the Council, only a few were considered and yet there was no
follow-up action for their implementation.
Notice was issued to the Union of India in the Ministries of
Health, Human Resources, Science and Technology and Bio-Technology and the notice indicated that the matter would be taken up for
final disposal. Though no return has been filed to the Rule Nisi,
counsel appeared for the respondents and upon appropriate instructions, participated-in the hearing of the matter.
A
B
### c
Annexure P-1 indicates the institutions located in different parts
of the country where the posts of 'A' Group scientists who are mem- D
bers _,of_ the Council work. Their total number is 243 and this is not
disputed. The petitioner has placed cm record the rules framed in
exercise of powers under proviso to Article 309 of the Constitution in
the Ministry of Science and Technology, covering Group 'A' scientists.
Rule 13 thereof provides avenues for promotion. This ;ilso is not disputed. Annexure P-3 is a tabuler statement prepared by the petitioner, E
showing the disparities in the service conditions between the BioMedical scientists and other similar scientists and the discrimination
that Group 'A' specialists/scientists under the establishment of
Director General of Health Services suffer. The pay-scale for different
categories· of· Group 'A' scientists in the non-medical posts and of
doctors in the medical posts have been separately shown. It has been F
pointed out therein that while there is a difference in the pay-scale in
the establishment of Director General of Health Services, there is no
disparity in respect of similar posts in the Indian Council of Medical
Research (ICMR) or in the All-India Institute of Medical Sciences,
Delhi or the Post-Graduate Institute at Chandigarh. It has been
'further pointed out in the said chart _that various kinds of allowances G
are admissible to the doctors in tlie medical wing, such as book allowance, higher degree allowance, risk allowance and conveyance allowance in the establishment of Director General of Health Services
while the non-medical category manned by the 'A' Group-scientists is
denied all these allowances. It has also been alleged that while the
medical ca-iegory doctors get non-practising allowance the benefit of H
180 SUPREME COURT REPORTS [1989] Supp. 2 S.C.R.
such allowance is not extended to the non-medical category. Such
A discrimination, according to the petitioner, is not noticed in the
I.C.M.R. or in the two Institute at Delhi and Chandigarh respectively.
The 4th Pay Commission in Chapter 29, paragraph 2~.8 recommended:
B
# c
D
E
f
"The question of granting incentive to officers and staff
who acquire higher qualification has also engaged our
attention. Railways have suggested a scheme for giving
such incentives _iQ_ the context of the need for updating the
skills- of the employees for the more efficient discharge of
their duties in these days when modernisation and adoption
of advanced technology is being undertaken in different
fields of railway working. Suggestions have also been made
for grant of post graduate allowance to veterinary surgeons
and special allowances to EDP personnel. Some such
schemes are in existence in the defence services. We suggest that some incentive should be given to employees who
acquire qualifications which are useful for their work and
**contribute to their efficiency.''**
On 15th of December, 1986, the Office Memorancjum in the
Ministry of Personnel, Public Grievances and Pension indjcated that
this recommendation of the Pay Commission has been accepted by the
Government.
Undoubtedly, in regard to the three other allowances, namely,
book allowance·, risk allowance and conveyance allowance, there is no
scope for discrimination betwee~ Group 'A' scientists in non-medical
and medical wings. In fact, at the hearing of the writ petition, respondent's counsel found it difficult to support the prevailing position. We
are of the opinion that these four kinds of allowances, whieh are
admissible to the medical doctors are also admissible to the Group 'A'
scientists under the non-medical category employed in the establishment of Director General of Health Services. The claim for nonpractising allowance stands on a somewhat different footing and we do
not think on the present state of the record of this proceeding, we can
come to a_ definite conclusi9n that the Group 'A' scientists in the
0
non-medical category would be also entitled to such allowance. We,
however, leave the question open and Government at their level in the
appropriate Ministry would examine tenability_ of this claim as and
when raised. It has been convassed by petitioner's counsel at the hearing that there is no justification for the disparity in the scale of pay
H between the two categories of officers. Gov~rnment counsel has taken
O.Z. HUSSAIN _v._ U.0.1. {MISRA, J.] 181
the stand that the qualifications of officers in the two wings are diffe- A
rent and the difference in the pay scales has always existed. It is
difficult for us on the material available to take any final view of the
matter but the respondent should examine tenability of the claim to
equal scales of pay.
This Court, has on more than one occasion, pointed out that B
provision for promotion increases efficiency of the pubiic service while
stagnation reduces efficiency and makes the service ineffective. Promotion is thus a normal incidence of service. There too is no justification why while similarly placed officers in other Ministries would have
the benefit of promotion, the non-medical 'A' Group scientists in the
establishment of Director General of Health Services would be
deprived of such advantage. In a welfare State, it is necessary that C
there should be an efficient public service and, therefore, it should
have been the obligation of the Ministry of Health to attend to the
representations of the Council and its members and provide promotional avenue for this category of officers. It is, therefore, necessary
that on the model of rules framed by the Ministry of Science .and D
Technology with such alterations as may be necessary, appropriate
rules should be framed within four months from now providing promotional avenue for the 'A' category scientists in the non-medical wing of
the Directorate.
This Writ Petition is allowed and the following directions are
issued: - E
1. Within four months from today, the Ministry of Health and
Family Welfare of the Union of India shall frame a set of
appropriate rules, _inter alia,_ providing suitable promotional
avenue for the 'A' Group scientists in the non-medical wing of
the establishment of Director General of Health Services; .p
2. These 'A' Group scientists shall be entitled to book allowance, higher degree allowance, risk allowance and conveyance allowance at the same rate as is admissible to doctors in
the medical wing in the Directorate w.e.f. 1.4.1989;
3. Government shall examine the tenability of the claim of equal
pay scales for this category of officers within four months
from today.
There shall be no directions for costs.
T.N.A. Petition allowed.
G
