Bihar Rajya Kalyan Bibhagiya Arajpatrit Karmachari Sangh through its General Secretary v. State of Bihar
1998-07-01
B.N.AGRAWAL
body1998
DigiLaw.ai
Order Heard the parties. 2. Grievance of the petitioner, which is an Association namely, Bihar Rajya Kalyan Bibhagiya Arajpatrit Karmachari Sangh, is that Block Welfare Officers, who are posted in the State of Bihar, are also members of this Association and their cases for grant of junior Selection Grade scale, senior Selection Grade scale and Super Time scale, have not been considered since last about 13 years. It has been also stated that authorities were required to consider cases of the aforesaid persons for grant of the said scales in accordance with recommendations of 4th and 5th Pay Revision Committees. It has been further stated that according to the recommendations of the aforesaid two committees the aforesaid officers were entitled to get the aforesaid scales even from retrospective dates, as would appear from annexure 4 to the writ application filed on behalf of the petitioner. 3. A counter affidavit has been filed on behalf of State, in which the fact that case of the aforesaid officers for granting scales has not been considered since last 13 years, has not been denied. The fact that these persons are entitled to get the aforesaid scales with effect from the dates the vacancies had occurred, that is, with retrospective effect, has been admitted in the counter affidavit. But, it has been stated that the matter for granting aforesaid scales to the aforesaid officers is under active consideration of the State Government. 4. Counter affidavit was sworn in the month of September 1997 and even from that date a period of nine months has expired. The petitioner, which is an Association, has prepared a chart showing therein, which Block Welfare officer is entitled to which scale and from which date. The said chart is also required to be examined by the State Government. 5. In my view, State Government must take final decision in the matter within a time fixed by this Court, as I am of the view that the matter has been unnecessarily delayed, for which there is absolutely no justification. 6.
The said chart is also required to be examined by the State Government. 5. In my view, State Government must take final decision in the matter within a time fixed by this Court, as I am of the view that the matter has been unnecessarily delayed, for which there is absolutely no justification. 6. For the aforesaid reasons, the writ application is allowed and State Government is directed to consider cases of Block Welfare Officers for granting them Junior Selection Grade scale, Senior Selection Grade Scale and Super Time Scale in consonnance with recommendations of 4th and 5th Pay Revision Committees and take final decision in the matter within a period of three months from the date of receipt/production of copy of this order by the petitioner before the Director, Department of Welfare, Government of Bihar respondent no. 3. 7. After the final decision is taken by the State Government, the arrears amount payable to different' officers, referred to above, in accordance with Government decision must be paid within a period of two months from the date decision is taken by the State Government in this regard. 8. With the aforesaid directions, the writ application is, thus, disposed of.