Research › Browse › Judgment

Patna High Court · body

1994 DIGILAW 189 (PAT)

Ram Lakhan Prasad v. State of Bihar

1994-04-19

R.N.SAHAY

body1994
JUDGMENT R.N. Sahay, J. This judgment will govern disposal of C.W.J.C. No. 1889 of 1991 (R) and C.W.J.C. No. 1900 of 1991 (R) as questions involved in both these writ applications are common. 2. The short question for consideration is as to whether the petitioners are entitled to revision of the present pay scale as per the recommendation by the Pay Anomaly Removal Committee at page 107 of the report. Petitioners claim that they are entitled to pay scale of Rs. 1640-2900/- with retrospective effect. 3. The relevant facts, for disposal of these writ applications, are as follows : In 1981, Avar Sewa Chawan Parishad made advertisement for recruitment to various posts under Govt. of Bihar. The petitioner in C.W.J.C. 1989/91 (R) had applied for the post of Investigator and the petitioner in C.W.J.C. 1990/91 (R) had applied for the post of Extension Officer. The petitioners were selected and they joined their respective posts. Their pay was fixed in between Rs. 785/- to 1210/- (at the time of advertisement the pay scale was Rs. 400660), on the basis of the recommendation of the Fourth Pay Committee. It is the case of the petitioners that the pay scale of the other similar posts which was Rs. 296-400/- in 1981 was fixed in between Rs. 850/- to 1360/-. This anomaly was removed by fixing the pay scale of those who were getting Rs. 785 to 1210/- (that is Rs. 400-860/- in 1981) in 1986 in the pay scale of Rs. 880-1510/-. 4. It has further been contended that the Pay Revision Committee called for a report from the Rural Development Department on 16th May, 1990 regarding the nature of duties, method of recruitment and some other relevant information’s about the post, but none was made available to the Department hence the Committee aforementioned was unable to recommend the revised scale for the post held by the petitioners, and the like (Annexure-3). The Anomaly Removal Committee which submitted its report on 1.5.1987 at para 9.14.2 page 107 made a recommendation in general for a revised scale of pay w.e.f. 1.1.1986 for the post in whose respect no other recommendation was made elsewhere in the report in respect of the post including the post which carried a scale of Rs. 400-660 in the pre-1981 scale, to be fixed in the scale of Rs. 1640-2900/- (vide Annexure 4 to the writ application) 5. 400-660 in the pre-1981 scale, to be fixed in the scale of Rs. 1640-2900/- (vide Annexure 4 to the writ application) 5. The petitioners complain that no action has been taken by the respondents to revise the pay scale of the petitioner and others in the light of the recommendation of the Pay Anomaly Removal Committee. 6. A counter affidavit has been filed on behalf of the respondents in which it is stated that the Pay Anomaly Removal Committee's recommendation was only in respect of those cases of those Investigators whose qualifications was post graduate and the scale of those persons was raised from Rs. 880-1510 after due correction. But the Investigators whose qualifications are only graduation and who are working in Rural department, Pay Anomaly Committee did not find any anomaly etc. and hence no recommendation was made by the Committee in that respect. It is submitted that from paragraph 9.14.2 of the report of the Pay Anomaly Removal Committee it would be clear that recommendation for revised pay scale of Rs. 1640-2500 was made in respect of only those posts which are to be filled up by promotion and not in respect of basic grade i.e., the posts which are filled up by direct recruitment and not by promotion. 7. The questions raised by the petitioners here was considered by a Division Bench of this Court in C.W.J.C. 8419/92 which by order dated 22.9.93 decided in favour of the petitioners that they are entitled to revised scale as claimed. The learned Judges considered the significant facts that the petitioners were appointed in three different departments of the Government of Bihar in class III post pursuant to one combined competitive examination. Some of the petitioners were appointed as Statistical Assistant in the Agricultural Department of the Government of Bihar and some were appointed as Junior Statistical Assistant in the Co-operative Deptt. whereas others were appointed as Investigator etc., All these posts were equivalent, and prior to recommendation of Fourth Pay Revision Committee, all the posts carried the same pay scale. After the recommendation of the Fourth Pay Revision Committee, the State Government accepted the pay scale of Rs. 850-1360 in relation to the posts of Junior Statistical Supervisor and other equivalent posts and so far as the posts of Senior Statistical Assistants, Statistical Assistant, Investigators etc. were concerned, their pay scale was accepted as Rs. 985-1210/-. After the recommendation of the Fourth Pay Revision Committee, the State Government accepted the pay scale of Rs. 850-1360 in relation to the posts of Junior Statistical Supervisor and other equivalent posts and so far as the posts of Senior Statistical Assistants, Statistical Assistant, Investigators etc. were concerned, their pay scale was accepted as Rs. 985-1210/-. As discrimination was apparent, the matter was referred to Anomaly Committee to submit a report which recommended a common pay scale for all the posts i.e. Rs. 850-1360, which the State Government accepted. Thereafter, Fifth Pay Revision Committee recommended for revision of pay scale to Rs. 1500-2750 (for all the posts which carried pay scale of Rs. 850-1360. However, before accepting such recommendation the State Government entered into an agreement with the Bihar State Employees Federation on 9.11.89 and agreed the pay scale of Rs. 1600-2780 for the posts of Junior Statistical Supervisor, Asstt. Consolidation Officer, Circle Officer etc. But so far as posts of Sr. Audit Officer, Graduate Assistant, Sr. Statistical Assistant, Investigator etc. were concerned the agreement was silent. Thus for equivalent posts for which one combined competitive examination was taken, two different pay scales i.e. 1500-2750 and Rs. 1600-2780 were accepted. Learned counsel appearing for the petitioners contended that the State Govt. was not justified in fixing two revised scales of pay in relation to all 16 types of posts enumerated in Annexure-1 for which one combined competitive test was taken having same qualification. 8. The Division Bench passed the following order while allowing the writ application : "Since the petitioners have been appointed on one post or the other enumerated in Annexure-1 they are entitled to the said scale. It is stated that some of the petitioners were appointed on 7.10.1988 and some after 1.3.1989. We direct that those persons who were appointed on 7.10.88 will be granted the scale of Rs. 1600-2780 w.e.f. that date but the benefit of this scale will be given to them w.e.f. 1.3.1989. We further direct that those persons who were appointed after 1.3.1989 will be granted the scale of Rs. 1600-2780 from the date of their appointment, We also direct that pursuant to this order, arrear amount must be paid to the petitioners within a period of three months from the date of receipt of a copy of this order by junior counsel to learned Standing Counsel no. 4. 1600-2780 from the date of their appointment, We also direct that pursuant to this order, arrear amount must be paid to the petitioners within a period of three months from the date of receipt of a copy of this order by junior counsel to learned Standing Counsel no. 4. We are told that there are several other persons whose cases are similarly situated, but they have not moved this Court. We are of the view that if cases of those persons are similarly situated, they are not required to move this Court but they shall be also granted the same scale with similar monetary benefits within the aforesaid time." 9. These writ applications are disposed of on the same terms. A direction be issued to the respondents to fix the pay scale of the petitioner and other similarly situated persons in the light of the aforesaid judgment. There will be no order as to costs.