IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- C.W.P.No. 12999 of 1992 Date of Decision:- 16.4.2009. Surjit Singh .... Petitioner Versus Government of Punjab & others .... Respondent. CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA. Present:- Mr. Vipul.Jindal, Advocate for the petitioner. Ms. Sonu Chahal, DAG, Punjab. Hemant Gupta, J. The petitioners are Homeopathic Dispensers claiming the same scale of pay as is being granted to Ayurvedic Dispensers in exercise of writ jurisdiction of this Court.. It is alleged that the petitioners are working in the State of Punjab and governed by Punjab Ayurvedic (Class-III Technical), Service Rules, 1963. In the year 1980, the Punjab Homeopathic Department came into existence. The posts of dispensers in the Homeopathic Department were also created. It is averred that dispensers in the department of Ayurveda and Homeopathy perform identical and similar duties and were paid the same pay scale of Rs. 400-600. Punjab Service (Revised) Rules, 1988 were promulgated on 9.9.1988. Pay scale of all the dispensers in Ayurvedic Department was revised to Rs.1200-2100. Dispensers in the Homeopathic Department were left out. It was by virtue of amendment carried out on 20.1.1989, that the pay scales of all the posts which were in the scale of C.W.P.No. 12999 of 1992 -2- Rs.400-600 were revised to Rs. 900-1800. It is, thus, alleged that such revision of pay scale is not reasonable and discriminatory as petitioners are entitled to the same pay scale as is being given to the dispensers in the Ayurvedic Department. In the written statement, it has been pointed out that Rules for the Department of Homeopathy are yet to be framed. Separate posts of Homeopathic dispensers were created in May, 1976. The criteria for recruitment to the post of Homeopathic dispensers was finalised on 14/ 15th May, 1975. Qualification for the appointment as Homeopathic Dispenser is distinct from the qualification required for the post of Ayurvedic Dispenser. It is pointed out that neither the qualification nor the experience for the afore-said posts is the same or similar. The duties and functions are also different as two systems of medicine are distinct. The Homeopathic dispenser is not required to possess the certificate for two years course nor internship like Upvaids, Unani and Ayurvedic Compounder. The comparison of these posts is not relevant as the qualifications prescribed are not similar. I have heard learned counsel for the petitioners at some length and do not find any merit in the present petition. The claim for parity in the pay scale of Homeopathic Dispensers with the Ayurvedic Dispensers emanent from the fact that Homeopathic Dispensers were earlier in the same pay scale as of Ayurvedic Dispensers. The claim for same pay scale is not tenable as the qualification, method of recruitment, duties and responsibilities are not similar. Two systems of medicines are also distinct. C.W.P.No. 12999 of 1992 -3- In view of the said facts, I do not find any merit in the claim of the petitioners to grant similar pay scales to them as granted to Ayurvedic Dispensers. Thus, the present petition is dismissed with no order as to costs. April 16, 2009 (Hemant Gupta) tripti Judge