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Jharkhand High Court · body

2008 DIGILAW 1401 (JHR)

Prem Lata Sinha v. State of Jharkhand

2008-12-05

D.G.R.PATNAIK

body2008
JUDGMENT : In course of submissions, learned counsel for the respondent State of Bihar invites attention to Annexure-21 filed by the writ petitioners and points out that the aforesaid annexure is a Notification issued by the State Government of Bihar whereby a decision was taken for revision in the “initial pay” of the employees of the Non-Government Aided Libraries, but with stipulation that such revision is in respect of the initial pay only and the other payment which would include payment towards Dearness Allowance and other allowances etc. should be borne by the Management of the individual libraries. 2. Learned counsel for the petitioners seeks to clarify that on the basis of the notification issued by the Government of Bihar vide Annexure-21, the petitioners had received their salaries in the revised pay scale till the year 1998. This being the undisputed fact, the State Government of Jharkhand cannot deny that the petitioners were all along entitled to the revised pay scales which was made pursuant to the recommendations under 5th Pay Commission Report. 3. Learned counsel for the respondent State of Bihar interjects stating that from the very nomenclature of the libraries in which the petitioners are employed, such libraries are Non-Government Aided Institutions and except giving grant in aid and administrative control over such libraries, the State Government has no other role to play in the matter of payment of salary to the employees of such libraries and it is the Managing Committee of such libraries who are supposed to pay the salaries to the employees from the funds received by way of grant from State Government. 4. The stand taken by the learned counsel for the respondent State of Jharkhand is virtually identical to the stand taken by the counsel for the respondent State of Bihar with an addition that the remuneration which is payable to the petitioner is not paid as salary. Rather, it is by way of a fixed consolidated amount which is not amenable either to any revision or reconsideration even pursuant to the recommendations of the 5th Pay Commission Report. 5. Rather, it is by way of a fixed consolidated amount which is not amenable either to any revision or reconsideration even pursuant to the recommendations of the 5th Pay Commission Report. 5. The petitioners in this writ application have prayed for issuance of a writ of mandamus commanding upon the respondents to pay the arrears of dues of salary including Dearness Allowance and other allowances to the petitioners on the basis of calculation pursuant to the Pay Commissions’ revised pay scale commencing from 01.03.1989 to 31.12.1995 and thereafter with effect from 01.01.1996 till date. A further prayer has been made for direction to the respondents to pay the same benefits from the period April 1999 to March, 2000. 6. The petitioners were employed as Librarians in the Sub Divisional Libraries in the various districts. These libraries, according to the learned counsel for the petitioner, were recognized by the State of Bihar as Government Aided Libraries and under the administrative control of the State Government in the Department of Secondary Education. The petitioners used to be paid their salary in terms of basic pay scale together with Dearness Allowance and other allowances from the funds received by the libraries from the State Government. Promotions, transfers and postings of the petitioners are being done by the order of the State Government in its concerned department. The petitioners had also received increment in their salary pursuant to a revision of their basic pay scales on the basis of the recommendations of the 4th Pay Commission Report. However, the petitioners were not paid their salary from April 1999 to March 2000, April 2001 to March 2002, April 2004 to March 2005 and April 2005 to March 2006 although during certain specific period, the payment of some amount by way of salary has been made to the petitioners as explained in the various paragraphs of the Interlocutory Application filed by them. 7. The grievance of the petitioners is that after the reorganization of the State of Bihar, since the libraries in which the petitioners are employed fell within the territorial jurisdiction of State of Jharkhand and since the petitioners are now the employees in the libraries under the State Jharkhand, it is the State of Jharkhand which has to pay the salaries to the petitioners in the revised pay scales treating the petitioners at par with Government employees. By now declaring the remuneration payable to the petitioners as payment of fixed amount, the respondents State of Jharkhand is depriving the petitioners of their legitimate claim for salary along with all allowances which they used to receive under the State of Bihar. 8. From the various annexures including Annexure-13, 18, 21 and 24, it transpires that the libraries in which the petitioner are employed had been earlier categorized by the State Government of Bihar as “Non-Government Aided Institutions” and as counsel for the Respondent State of Bihar would explain, the State Government had undertaken to pay the “initial pay” of the staff employed under such libraries. The salary payable to the employees of such libraries used to be paid from the aid received from the State Government. Annexure-21 declares that pursuant to the revision in the pay scales made on the basis of the recommendations of the 4th Pay Commission, the basic salary of the petitioners were also revised by the State Government and the salary on revised scales were paid to them. If such was the admitted position, then it does not stand to reason as to why the same benefits should not be continue in respect of the revision of the basic pay made pursuant to the subsequent recommendations of the 5th Pay Commission. 9. The stand taken by the respondent State of Jharkhand that the remuneration payable to the petitioner is only by way of a fixed amount, does not appear to be correct. In view of the fact that from the various annexures filed by the petitioners relating to the remuneration received by them, it does indicate that the remuneration was denoted as salary and the total amount paid was computed not only on the basis of the basic pay but also Dearness Allowance and other allowances. Having once recognized that the petitioners were being paid salary on the basis of the basic pay, the respondent Government of Jharkhand cannot distort the position to the detriment of the petitioners. Admittedly, the State Government holds absolute administrative control over all such libraries which exists in the various districts of the State and which have been given the status of Government aided libraries. The State Government does exercise exclusive authority of regulating the promotions, transfers and postings of the librarians working in such libraries. Admittedly, the State Government holds absolute administrative control over all such libraries which exists in the various districts of the State and which have been given the status of Government aided libraries. The State Government does exercise exclusive authority of regulating the promotions, transfers and postings of the librarians working in such libraries. Under such circumstances, the State Government cannot treat the librarians as mere employees under the local bodies and leave them to be tended by the Management of the local bodies, which, remain entirely dependent upon the State Government for financial support for payment of salary to its employees. The petitioners do deserve to be treated at par with Government servants and it is the responsibility of the State Government to ensure that they are paid their legitimate salary, in terms which undisputably was conceded to them in the past by the State Government. 10. Considering the above facts and circumstances, the State of Jharkhand being responsible for undertaking the liability of payment of salary to the petitioners, even in respect of the salary which has accrued to the petitioners prior to the date of reorganization of the State, the State of Jharkhand in its concerned department shall compute the arrears of salary on the basis of the revised pay scale applicable to the petitioners and ensure that funds are released to the individual libraries and the arrears of salary in the revised scales are paid to the petitioners within a period of three months from the date of this order. With these observations, this writ application is disposed of. Let a copy of this order be given to the learned counsel for the respondent State of Jharkhand as also to the learned counsel for the respondent State of Bihar.