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2004 DIGILAW 512 (JHR)

Krishna Prasad Sinha v. State Of Jharkhand

2004-05-12

AMARESHWAR SAHAY

body2004
ORDER Amareshwar Sahay, J. 1. Heard the parties. 2. The prayer of the petitioner in this writ application is for quashing the letter No. Pen 4-2578 dated 4.2.2002, issued by the Accountant General, Bihar & Jharkhand whereby the pension of the petitioner has been reduced and fixed on the basis of the pay scale of Rs. 4000-6000 in place of Rs. 5000-8000. Further prayer is for direction to the concerned respondent to fix the pension of the petitioner on the basis of last pay drawn by the petitioner in the pay scale of Rs. 5000-8000/- which was granted to him by virtue of Government circular dated 15.3.1991 in the light of the judgment and order passed by Patna High Court in C.W.J.C. No. 2458/87 and C.W.J.C. No. 4781/82. 3. The case of the petitioner is that he was appointed and posted as Auxiliary Health Worker at Primary Health Centre, Ramgarh and he retired from service on 31.7.1997. In the year 1965 one post of Block Extension Educator was created for each Block under the control of the Health Department and it was decided that the trained Auxiliary Health Worker would be absorbed against those posts as the requisite qualification for appointment to the post of Auxiliary Health Worker and Extension Educator were the same and the payscale of both the posts were also the same and, therefore, both the posts were treated equivalent and accordingly inter-se transfer were also been made on the said post. 4. The further case of the petitioner is that a dispute arose after recommendation of the Fourth Pay Revision Committee thereby the Block Extension Educator was allowed the scale of Rs. 785-1210/- but the Auxiliary Health Worker was allowed a lower scale of Rs. 680-965/-. The Auxiliary Health Worker challenged the same before Patna High Court in C.W.J.C. No. 4781/82 and the High Court by judgment/order dated 2.1.1986 allowed the said writ application with a direction to the respondent to pay the salary and other service benefit as available to the Block Extension Educator w.e.f. 1.4.1981. The judgment of the High Court has been annexed as Annexure-1 to the writ application. 5. The same view was taken by the Division Bench of Patna High Court in C.W.J.C. No. 2458 of 1987. The order in C.W.J.C. No. 2458/87 has been annexed as Annexure-2 to the writ application. The judgment of the High Court has been annexed as Annexure-1 to the writ application. 5. The same view was taken by the Division Bench of Patna High Court in C.W.J.C. No. 2458 of 1987. The order in C.W.J.C. No. 2458/87 has been annexed as Annexure-2 to the writ application. It is stated that pursuant to the aforesaid decision of Patna High Court, the State Government took a policy decision to up grade the pay scale of Auxiliary Health Worker posted in Primary Health Centre to Rs. 785-1210/- w.e.f. 1.4.1981,in place of existing pay scale of Rs. 680-965/-. The aforesaid policy decision of the State Government was communicated to the Accountant General, Bihar by letter dated 15.3.1991. Accordingly, the pay of the petitioner was fixed in the pay scale of Rs. 785-1210/- w.e.f. 1.4.1981, and accordingly the petitioner was getting up graded salary. 6. The salary of the State Government employees were again revised w.e.f. 1.1.1996, in which the pay scale of Auxiliary Health Worker was replaced by the scale of Rs. 1400-2600/- which the petitioner was granted but it has stated that the difference of salary from 1.1.1986, to 28.2.1989 was still due to be paid to the petitioner. 7. It is further stated that the pay scale was further revised w.e.f. 1.4.1997 in which the pay scale of Rs. 1400-2600/- was replaced by pay scale of Rs. 5000- 8000/- and accordingly the petitioners pay scale was also revised and fixed at the scale of Rs. 5000-8000/- which was also entered in his service book. It is stated that till the date of retirement of the petitioner i.e. 31.7.1997, he was getting the salary in the pay scale of Rs. 5000-8000/-. 8. The grievance of the petitioner is that by issue of Annexure-6 the Accountant General, Bihar informed the petitioner that he was not entitled to get the pay scale of Rs. 5000-8000/- rather he was entitled to have the salary in the pay scale of Rs. 4000-6000/- as per the report of the Pay Revision Committee. 9. The respondent-State Government has supported the case of the petitioner by filing counter affidavit stating therein that as per the decision of the High Court and consequently, the policy decision of the State Government and thereafter by the recommendation of the pay revision committee the petitioner was rightly getting the salary in the pay scale of Rs. 9. The respondent-State Government has supported the case of the petitioner by filing counter affidavit stating therein that as per the decision of the High Court and consequently, the policy decision of the State Government and thereafter by the recommendation of the pay revision committee the petitioner was rightly getting the salary in the pay scale of Rs. 5000-8000/- which he received till the date of his retirement and, therefore, the pension of the petitioner has to be fixed on the basis of the last pay. drawn by him in the scale of Rs. 5000-8000/-. It is further stated that the claim of the petitioner regarding difference of salary from 1.1.1986 to 28.2.1989 and from 1.4.1997, to 31.7.1997, has already been paid to the petitioner as it appears from Annexures-A and A/1 to the counter affidavit. 10. The stand of the Accountant General, Bihar & Jharkhand as it appears from the counter affidavit, filed by him that as per the pay scale approved by the Finance Department, Government of Bihar the pension and gratuity of the petitioner was fixed, it is further stated that the Accountant General has already issued a letter to the Department regarding admissibility of the pay scale of Rs. 4000/-6000 to Auxiliary Health Worker from 1.1.1996, and the replacement/revised pay scale of. the Auxiliary Health Worker is Rs. 4000- 6000/- as per the pay commission report and, therefore, there is no illegality in issuance of Annexure-6 by ,the Accountant General, Bihar & Jharkhand. 11. Having heard the parties and after considering the respective submissions made by them, I am of the view that the Accountant General, Bihar has committed wrong by issuing Annexure-6, as the pay scale of the Auxiliary Health Worker was fixed at par with the Block Extension Educator, on the basis of the judgment of the Patna High Court and consequently by the State Government by taking policy decision with the approval of the Finance Department and, therefore, it is wrong to say that the petitioner was entitled to the salary in the pay scale of Rs. 4000-6000/-. The pay scale of Auxiliary Health Worker and Block Extension Educator were the same before the revision of the pay scale in the year 1996 and, therefore, the Auxiliary Health Workers are also entitled to the same replacement of pay scale which was available to the Block Extension Educator after the revision of pay. 4000-6000/-. The pay scale of Auxiliary Health Worker and Block Extension Educator were the same before the revision of the pay scale in the year 1996 and, therefore, the Auxiliary Health Workers are also entitled to the same replacement of pay scale which was available to the Block Extension Educator after the revision of pay. Admittedly, the replacement scale of pay of the Block Ex- tension Educator is Rs. 5000-8000/- and, therefore, the Auxiliary Health Workers were rightly being given the same pay scale of Rs. 5000-8000/-. 12. Accordingly, this application is allowed. The order as contained in An- nexure-6 to the writ application issued by the Accountant General, Bihar & Jharkhand, is hereby quashed and the Accountant General is directed to fix the pension of the petitioner on the basis of the last pay drawn by him at the time of his retirement.