Mahabir Prasad Sahu v. State of Bihar, through its Secretary, Urban Development Department, Government of Bihar
2006-07-06
PERMOD KOHLI
body2006
DigiLaw.ai
By Court.- This is an application for grant of interim relief. Since the matter is ripe for hearing, no directions are needed in this application. Accordingly I.A. No. 1517 of 2000 is disposed of. C.W.J.C. No. 2028 of 1999(R) There are two counter affidavits, one filed by Respondent No.1 and another filed by Respondent Nos. 3 and 4. 2. Petitioner was serving as Medical Officer (Homeopath) in Ranchi Municipal Corporation. He has filed this petition seeking a direction for implementation of the recommendations of 3rd, 4th and 5th Pay Revision Committee and consequential benefits to him including arrears. Another claim was made to grant first and second time bound promotions and consequential benefits. 3. State respondents in Para 10 of the counter affidavit have stated that the Government has taken a policy decision in the light of the recommendations of 3rd, 4th and 5th Pay Revision Committee and according to Resolution No. 663 dated 3rd February, 1981, employees working in local bodies were to be given pay scale as per list enclosed. Another resolution was passed bearing no. 2435 dated 12th May, 1984, whereby a decision was taken to grant the benefits of the pay revision to the employees of local bodies and employees of Patna Municipal Corporation and Water Board. It is, accordingly, stated that it is for the Administrator, Ranchi Municipal Corporation to take a decision for implementation of the recommendations of various Pay Revision Committees. 4. Ranchi Municipal Corporation, Respondent No.2, has not filed counter affidavit, though petition is pending since 1999. 5. Petitioner has also impleaded two private respondents-(employees) of the Municipal Corporation, who were also Medical Officers in Homeopathy in the Municipal Corporation, as party-Respondent Nos. 3 and 4. One of the contentions of the petitioner is that these employees have been granted benefits of pay revision consequent upon the recommendations of 3rd, 4th and 5th Pay Revision Committee. 6. Counter affidavit filed by the State respondents alongwith copy of the order dated 22nd July, 1993 (Annexure-C) clearly indicates that private respondents 3 and 4 were granted the benefit of the recommendations of 3rd, 4th and 5th Pay Revision Committee and their salaries were, accordingly, fixed in the revised pay scale. Since the Corporation has already implemented the recommendations of 3rd, 4th and 5th Pay Revision Committee in respect to Respondent Nos.
Since the Corporation has already implemented the recommendations of 3rd, 4th and 5th Pay Revision Committee in respect to Respondent Nos. 3 and 4, there is no reason to deny the similar benefit to the petitioner. In absence of counter affidavit of the Corporation, it is not evident, whether petitioner has been granted the benefits of first and second time bound promotion or not. 7. This petition is, accordingly, disposed of with a direction to the Ranchi Municipal Corporation to grant the benefits of the recommendations of 3rd, 4th and 5th Pay Revision Committee to the petitioner on the analogy of Respondent Nos. 3 and 4 and also consider the case of the petitioner for the benefit of first and second time bound promotion and if he is otherwise eligible and found entitled to the benefit of first and second time bound promotion, same may also be granted to him. During the pendency of this petition, petitioner has retired. Therefore, while granting the service benefits i.e. difference of amount on account of revision of pay scale on the analogy of Respondent nos. 3 and 4 and benefits of time bound promotion, his retiral benefits be also fixed, accordingly. 8. Let the amount determine and pay to the petitioner within a period of three months from today alongwith interest @ 6% per annum.