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2006 DIGILAW 1295 (PAT)

Bijoy Pratap Singh v. State Of Bihar

2006-12-22

BARIN GHOSH

body2006
Judgment Barin Ghosh, J. 1. By a notification dated 14th February, 1996, the Government revised the pay scale of Jt. Directors in Statistical Department from Rs. 3700-5000.00 to Rs. 4100-5300.00 .When the next revision was effected, the Fitment Committee submitted a report. In Part-I of the report, the Fitment Committee pointed out that the scale of Rs. 4100-5300 was an existing central scale and that was revised by the Central Government to Rs. 14,300-18,300.00 . There is no dispute that while effecting such revision, the scale as was revised by the Central Government was adopted by the state Government. The Fitment Committee found that while the scale of Rs. 4000-5300.00 was revised by the Central Government to Rs. 14,300-16,300.00 , the Central Government also revised the scale of Rs. 4500-5700.00 to Rs. 14,300-18,300.00 . The Fitment Committee also found that in the State there is a scale of Rs. 4300-5500.00 but there is no such corresponding scale in the Central Government. The Fitment Committee, therefore, recommended that the scale of Rs. 4300-5500.00 be also revised to Rs. 14,300-18,300.00 . 2. By the impugned notification dated 7th December, 1999, the scale of Rs. 4100-5300 has been revised to Rs. 12,000-18500.00 and not to Rs. 14,300-18,300.00 , as was revised by the Central Government and as was recommended by the Fitment Committee. While revising the pay scale of Rs. 4100-5300.00 to Rs. 12,0000-16500.00 no reason was furnished in the impugned decision dated 7th December, 1999. 3. In the counter affidavit it was stated that in view of what the petitioner had urged before the Fitment Appellate Committee it was so done. It appears that before the Fitment Appellate Committee the petitioner was more concerned about fixation of the scale of pay of the Director and not of the Jt. Director although he has not yet been promoted to the post of Director. It was not urged by the petitioner before the Fitment Appellate Committee that the scale of Jt. Director i.e. Rs. 4100-5300.00 was a Central scale which was revised by the Central Government to Rs. 14,300-18,300.00 , and accordingly there was no just reason for revising the said scale of Rs. 12,000-16,500.00 . This aspect of the matter was also not considered by the Fitment Appellate Committee although that was squarely written down in the report of the Fitment Committee. 4. 4100-5300.00 was a Central scale which was revised by the Central Government to Rs. 14,300-18,300.00 , and accordingly there was no just reason for revising the said scale of Rs. 12,000-16,500.00 . This aspect of the matter was also not considered by the Fitment Appellate Committee although that was squarely written down in the report of the Fitment Committee. 4. If the decision of the Government was to revise the pay scales of its employees in the same manner as the Central Government had revised the pay scales of its employees then there was no just reason to revise the pay scale of Rs. 4100- 5300.00 which was a States Government scale as well as Central Government scale and was revised by the Central Government to Rs. 14,300-18,300.00 , to Rs. 12,000-16,500.00 for the State government employee. 5. I think, in such view of the matter, the State Government is required to look into this aspect of the matter once again and accordingly the matter is remitted back to the State Government through the Secretary, Finance, State of Bihar for its decision. It is hoped and expected that such decision would be taken and conveyed to the petitioner within a period of three months from today. 6. It is made clear that in the event the State Government (sic) to revise the scale in the same manner as the Central Government has revised, it goes without, saying that the State Government shall accord such revision not only to the petitioner, but to whosoever is entitled to the same. 7. The writ application stands disposed.