LexDR. MS. O.Z. HUSSAIN versus UNION OF INDIA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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 scien- tists 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 Constitu- E 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 Commis- sion. These scientists possess a Master Degree in the relevant disci- plines 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 o
Excerpt shown. Read the full judgment & AI analysis in Lexace.