Pharmacists were earlier denied extension for being part of ‘diminishing’ cadre...

By Niel Bhalinder Singh, Chandigarh (24th Oct'18): In a major relief to the pharmacists working in the Department of Health (Punjab), Mr. Justice Jaswant Singh of the Punjab and Haryana High Court while allowing a bunch of writ petitions filed by Gurdev Singh and others, has held that they will be entitled for the extension in the service after their retirement under Extension Policy framed by the Punjab Government on October 8, 2012 amended further in 2015.

These pharmacists were earlier declined the extension on the ground that they were part of ‘diminishing’ cadre. Arguing for petitioner Gurdev Singh pharmacist his counsel apprised the Bench that because of the transfer of 1186 Rural Dispensaries under the control of Zila Parishads in Punjab, 906 posts of pharmacists were declared as ‘diminishing’ cadre by the Punjab Health Department in the year 2006 out of total 2718 posts resulting into reduction of sanctioned posts to 1592 as balance sanctioned posts which were later increased to 1650.

Meaning thereby that though 906 posts were declared diminishing, but the cadre of pharmacist was never abolished and even at present, number of posts of pharmacists are lying vacant. However, the petitioners were declined the extension of service on the pretext that they belong to a cadre which has been declared ‘diminishing’ cadre. It was contended that in service jurisprudence, diminishing cadre implies that as and when the posts fall vacant due to any reason, the post shall stand abolished.

Agreeing with the contention, the Bench ruled that only few posts (906) of the cadre were abolished in 2006, thereby the reduced sanctioned strength remained untouched and held that the petitioners would also be entitled for the salaries for the whole period they remained on extension by virtue of interim order after their retirement.