JUDGMENT : Per Pramath Patnaik, J. Since the issue involved in the aforesaid applications pertains to common question of facts and law and prayer as sought for is more or less identical, with the consent of the respective counsels, both writ petitions are heard together and disposed of by this common order. In W.P. (S) No. 286 of 2013 2. In the aforesaid application, the petitioners have sought for direction upon the respondents for rectification of the anomaly in the pay scale by quashing the impugned part of the order dated 08.06.2010 issued by the Principal Secretary, Finance Department, Government of Jharkhand, Ranchi whereby a general order was passed for granting the pay scale of Rs.5,000-8,000/- to the employees who have been appointed before 01.04.1981 whereas lower scale of pay of Rs.4,000-6,000/- has been granted to the similarly situated employees who have been appointed after 01.04.1981 on the post of Assistants/Clerical Cadre. 3. The brief facts as delineated in the writ application no.286/2013 is that the petitioners were appointed as Circle Assistants by the duly constituted Committee under the Conservator of Forests vide different orders dated 12th June, 1981, 25th February, 1983, 4th July, 1983, 11th March, 1986 and 3rd December, 1996 respectively and after appointment on the said posts, they discharged their duties to the utmost satisfaction of the authorities. The Fitment Committee was constituted in the erstwhile State of Bihar for recommendation of the 5th Pay Revision and the recommendation of the Fitment Committee has been adopted vide resolution dated 08.02.1999. In pursuance to the said resolution, the pay scale of the Circle Assistants has been recommended to be fixed in the pay scale of Rs.5,000-8,000/-. The petitioners were expecting to get enhanced pay scale with effect from 01.01.1996 basing on the recommendation of the Fifth Pay Revision Commission. After bifurcation of the erstwhile State of Bihar, the Finance Department of the State of Jharkhand vide memo dated 08.10.2001 issued an order for fixation of two different pay scales on the basis of the date of appointment and a cut-off date 01.04.1981 was fixed. As per cut-off date, those who were appointed prior to 01.04.1981 were given the pay scale of Rs.5,000-8,000/- and the Circle Assistant appointed after 01.04.1981 was to be given the pay scale of Rs.4,000-6,000/-. As per cut-off date, those who were appointed prior to 01.04.1981 were given the pay scale of Rs.5,000-8,000/- and the Circle Assistant appointed after 01.04.1981 was to be given the pay scale of Rs.4,000-6,000/-. It has been reiterated in the writ application that State of Bihar has issued a circular dated 22.10.2007 whereby the recommendation of the Fitment Committee has been implemented with regard to the pay scale of Rs.5,000-8,000/- to all the Circle Assistants with effect from 01.01.1996 as evident from Annexure-3 to the writ application. Being aggrieved by the discriminatory and anomaly in the pay scale amongst the similar class of employees, the petitioners have submitted representations before the competent authority vide Annexure-4 to the writ application and on consideration of the representations, the Principal Chief Conservator of Forests has made a recommendation to the Secretary vide letter dated 10.12.2002 to rectify the anomaly in the pay scale and to grant pay-scale of Rs.5,000-8000/- as evident from Annexure-5 to the writ application. Similar issue was raised by similarly situated employees in W.P.(S) No.1080 of 2004 and the said writ petition was disposed of by remitting back to the concerned respondent authorities to take a decision in accordance with law. In pursuance to the said order, a decision has been taken holding therein that there is no anomaly existing as such and the cut-off date 01.04.1981 as has been prescribed is correct. The aforesaid order is impugned in this writ application vide Annexure-7 to the writ application. Being aggrieved by the impugned decision vide Annexure-7 to the writ application, the present writ petition has been filed by the petitioners under Article 226 of the Constitution of India for redressal of their grievances. 4. Supplementary affidavit dated 26.04.2017 has been filed by the petitioners wherein it has been submitted that all the petitioners at the time of appointment had requisite qualifications of Intermediate, which was the qualifying educational qualification for appointment on the post of Circle Assistant and the history of the posts of Circle Assistant and Lower Division Clerk being similar which has been taken note of in the order passed in W.P.(S) No.1080 of 2004 in the case of Panna Lal Prasad Vs. State of Jharkhand as per Annexure-9 to the supplementary affidavit. 5. State of Jharkhand as per Annexure-9 to the supplementary affidavit. 5. Learned counsel for the petitioners has strenuously urged that for fixation of pay, two different cut-off dates have been made by the respondents-authorities that is for appointees prior to 01.04.1981 pay-scale Rs.5,000-8,000/- has been granted, whereas for appointees after 01.04.1981 pay-scale of Rs.4,000-6,000/- has been granted, in an arbitrary and discriminatory manner. Learned counsel for the petitioners further submits that fixation of cut-off date of 01.04.1981 for giving two different pay-scale contrary to recommendation of the Pay Revision Committee followed by the recommendation of the Fitment Committee has resulted in pay anomaly to the similarly placed employees thereby creating of a class within class. Learned counsel for the petitioner further submits that the impugned decision vide Annexure-7 to the writ application is in teeth of Section 72 of the Bihar Re-organization Act, 2000. 6. A counter-affidavit to the amended writ petition dated 22.11.2017 has been filed by respondent no.3 repelling the contentions made in the writ application. In the counter-affidavit, it has been interalia submitted that the problem of the petitioners have a very long history and the petitioners should have raised the dispute earlier. In fact in the year 1971 in the list of posts and scales which were sanctioned revised pay-scale with effect from 1971, there is no mention of the post of Upper Division Assistants posted in the office of the Conservators of Forests. Further neither the 3rd nor the 4th Pay Revision Committee nor the Fitment cum Pay Revision Committee had discussed the anomaly and there is no reference to this in any of the reports as mentioned in the report of the Fitment Committee as per Annexure-A to the counter-affidavit. The paragraph 27.5.2 and 27.5.3 of the report of the Fitment Committee has been annexed as Annexure-A to the counter-affidavit. It has further been submitted that in order to deal with such situations, the erstwhile State of Bihar had issued a resolution on 08.02.1999 wherein it was held that it has not been possible to fix suitable scales of pay for posts on fixed, consolidated rates to pay or time scales of pay. The departments are advised to examine such cases on the basis of the prescribed qualification, nature of duties, revised scales and other relevant factors and to refer such case to the Finance Department for appropriate advice. The departments are advised to examine such cases on the basis of the prescribed qualification, nature of duties, revised scales and other relevant factors and to refer such case to the Finance Department for appropriate advice. It was further held that the existing holder of the posts will continue to draw pay in existing scale with the allowance and interim relief at the existing rates until such time a final decision is taken as per Annexure-B to the counter-affidavit. In terms of the decision of the erstwhile State of Bihar, the Department of Finance has fixed the pay scale of the Circle Assistants in the Department of Forests. It has further been submitted that so far as the question of those Circle Assistant in the Department of Forest who had been appointed prior to 01.04.1981 and who had been granted the pay scale of Rs.5,000-8,000/- is concerned, it is submitted that the said scale is being granted in terms of the findings of the Fitment Appellate Committee that Assistants should be given the Pay Scale of Rs.5,000-8,000/-. Further so far as the case of Circle Inspector in the Department of Forest is concerned, the Fitment Committee, in paragraphs-27.5.3 of the report has suggested the pay-scale of Rs. 5,000-8,000/-. Further, so far as those appointed after 01.04.1981 being given the scale of 4,000-6,000/- is concerned, it has been submitted that the rationale behind the same is incorporated in Annexure-2 to the writ application itself. The same letter is issued by the Department of Finance, State of Jharkhand and Clause-3 of the said resolution makes it clear that the scale would be limited to those appointees appointed prior to 01.04.1981 and the said posts would stand abolished with such employee who were occupying the said post and retired. Henceforth, the said posts have been transferred to the establishment of Mufassil Cadre and it has been made clear that fixation of the scale of such employees would be made at par with the Assistants of the Mufassil cadre as per resolution issued vide memo dated 08.02.1999 and the departmental letter issued in pursuance of the same from time to time. It has further been submitted that since the Assistants in the mufassil cadre were getting the scale of 4,000-6,000/- the petitioners are also getting the said scale. In W.P.(S) No.6149 of 2010 7. It has further been submitted that since the Assistants in the mufassil cadre were getting the scale of 4,000-6,000/- the petitioners are also getting the said scale. In W.P.(S) No.6149 of 2010 7. The brief facts which has been disclosed in the W.P.(S) No.6149 of 2010 is that the petitioner was initially appointed as Assistant in Forest Department after 01.04.1981 and as per the resolution dated 30.12.1981, the scale of the Government employees were revised with pay scale of Rs.580-860/- and the pay scale of Rs.580-860/- was also revised to Rs.5,000-8,000/- but the Finance Department, State Government vide letter dated 06.11.2001 created two different pay scale for Assistants prior to 01.04.1981 and after 01.04.1981. It has been averred in the writ application that in pursuance to order dated 19.02.2010 in W.P.(S) No.1080 of 2004, the erroneous order of the State Government dated 08.06.2010 has been passed by the Finance Department, Government of Jharkhand which is impugned in this writ application. 8. Learned counsel for the petitioner has submitted with vehemence that the issue of disparity of same class of employees by fixing cut-off date has been held to be illegal as per absorption in judgment dated 19.02.2010 in W.P.(S) No.1080 of 2004. Learned counsel further submits that on perusal of paras-17 to 20 of the said judgment, it would be crystal clear that the Hon’ble Court has taken note of the fact that the decision is unreasonable, unjust and prejudicial, therefore, amenable to a judicial review. Learned counsel for the petitioner further submits that in view of the order dated 17th May, 2012 passed in L.P.A. No.75 of 2011, the order which was passed on 01.02.2011 in the present case has been set aside and the LPA was allowed by this Hon’ble Court for fresh hearing. 9. Counter-affidavit dated 14.07.2017 has been filed by respondent no.4 controverting the averments made in the writ application. In the counter-affidavit, it has been interalia submitted that as office of the Conservator of Forests, the pay scales of only Mufassil establishment is sanctioned on the basis of recommendation of the 4th Pay Revision Committee, therefore, the petitioners who were appointed on or after 01.04.1981 are Mufassil level ministerial staff for whom the pay scale of Rs. 580-860/- was sanctioned with effect from 01.04.1981. 580-860/- was sanctioned with effect from 01.04.1981. On the basis of the recommendation of the Fitment-cum-Last Pay Revision Committee, the scale has been replaced by Rs.4000-6000/- with effect from 01.01.1996 as per resolution dated 30.12.1981 vide Annexure-D to the counter-affidavit. The Fitment Committee did not recommend any separate pay scale for the Assistants of Circle Offices of Forest Department who were drawing higher pay scale than that of Muffasil level staff hence, the matter was referred to the Finance Department of Government of Jharkhand on the representation of the Assistants of the Circle offices. The Finance Department after thorough scrutiny of the matter decided to classify the Assistants of the Circle Offices into two categories namely: First category was those assistants who were appointed prior to 01.04.1981 and the second category was those assistants who were appointed after 01.04.1981. The Finance Department rejected the claim of pay-scale of Rs.5,000-8000/- in view of paragraph-8 of resolution dated 30.12.1981, as per Annexure-E to the counter-affidavit. It has further been submitted that admittedly, the petitioner was appointed as an Assistant in the Circle Office after 01.04.1981 and, therefore, he is Muffasil level Ministerial staff and entitled for the pay-scale of Rs.4000-6000/- as per letter of the Finance Department contained in Annexure-E. It has further been submitted that the Hon’ble Apex Court has constitutionally held that equation of job evaluation or pay-scale determination are the primary functions of expert bodies like the Pay Commission, with which normally Court should not interfere as has been held in the case of State of U.P and Ors. Vs. S.P. Chaurasia and Ors. as reported in 1989 (1) SCC 121 and also in the case of Secretary, Finance Department and ors. Vs. W.B. Registration Service Assistion as reported in 1993 (Supp.)(i) SCC-1. It has further been submitted that the impugned order dated 08.06.2010 is quite legal and valid in the eye of law and cogent reason has been assigned in the said order. 10. Reply/rejoinder on behalf of petitioner dated 27.07.2017 has been filed wherein it has been submitted that the Government of Bihar relying on the same recommendation of the Fitment Committee and the Fitment Appellate Committee fixed the cut-off date as 20.12.2000 vide Resolution dated 26.10.2007 and ordered that the Assistant appointed before 20.12.2000 would be given pay-scale of Rs.5,000-8,000/- which would be reasonable and rational. The matter was originated while Bihar was undivided and the petitioner was in the same cadre as per the resolution dated 26.10.2007 vide Annexure-6 to the rejoinder affidavit. It has further been submitted that the Hon’ble Court in the case of Bisheshwar Prasad Vs. The State of Jharkhand and others (W.P.(S) No.176 of 2005) disposed of on 18.10.2008 which has been cited in 2009 (1) J.C.R 32 (Jhr.) in which, the Hon’ble Court has been pleased to hold that there cannot be two scale of pay in same cadre. 11. Learned counsel for the petitioners, during course of hearing in W.P.(S) No.6149 of 2010, has referred to the decisions as reported in 2007 (1) JCR 135 (Jhr.) (Sudhir Kumar & Ors. Vs. Union of India & Ors.) and 2007 (1) JCR 92 (Jhr.) (Satyendra Kumar Dubey Vs. State of Jharkhand & Ors.). 12. On perusal of the pleadings, counter-affidavit as well as rejoinder affidavit filed in the aforesaid writ petitions, the issue remains to be determined is as follows:- (I)(a) Whether the cut-off date as fixed 01.04.1981 is based on rationale nexus with the object sought to be achieved. (b) Whether after 5th Pay Revision Committee, the two different pay-scales Rs.5,000-8,000/- and Rs.4,000-6000/- on the post of Circle Assistants appointed before and after 01.04.1981 creates as class within a class so as to be hit by Article 14 of the Constitution of India. (c) Whether the recommendation of the Fitment Committee dated 08.02.1999 prior to the creation of State of Jharkhand will be applicable to the State of Jharkhand or any change thereof would be in the teeth of provision of Section 72 of the Reorganization Act, 2000. (II) The State of Bihar has issued circular dated 22.10.2007 to maintain singular pay-scale of Rs.5,000-8,000/- for the cadre of Circle Assistants with effect from 01.01.1996 as per Annexure-3 to the writ application but the petitioners who have been appointed after 01.04.1981 have been placed at a lesser pay-scale of Rs.4,000-6,000/- basing on legally untenable grounds. The petitioners’ claim that they are at par appointees prior to 01.04.1981 on the following grounds:- (a) Appointments have been done on the same post in the same cadre. (b) Appointments prior to 01.04.1981 and post, both perform same nature of work. (c) The Educational qualification prior to 01.04.1981 and post are Intermediate, all the petitioners are Intermediate passed. The petitioners’ claim that they are at par appointees prior to 01.04.1981 on the following grounds:- (a) Appointments have been done on the same post in the same cadre. (b) Appointments prior to 01.04.1981 and post, both perform same nature of work. (c) The Educational qualification prior to 01.04.1981 and post are Intermediate, all the petitioners are Intermediate passed. (d) Moreover, the petitioner are entitled to be placed at unified scale of Rs.5,000-8,000/- in view of the decision rendered by this Court in W.P.(S) No.1080 of 2004. (III) The recommendation of the Fitment Committee dated 08.02.1999 does not differentiate between pre 01.04.1981 and post 01.04.1981. After bifurcation of the erstwhile State of Bihar, the said distinction which has been made in the impugned order seems to have been obliterated by the notification of the State of Bihar dated 22.10.2007 but the artificial distinction has been created between same set of employees a class among the class. (IV) For better appreciation, it would be apposite to refer Section-72 of the Reorganization Act, 2000 which reads as follows: “72. Provisions relating to services in Bihar and Jharkhand.-(1) Every person, who immediately before the appointed day is serving in connection with the affairs of the existing State of Bihar shall, on and from that day provisionally continue to serve in connection with the affairs of the State of Bihar unless he is required, by general or special order of the Central Government to serve provisionally in connection with the affairs of the State of Jharkhand: Provided that no direction shall be issued under this section after the expiry of a period of one year from the appointed day. (2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. (3) Every person, who is finally allotted under the provisions of sub-section (2) to a successor State shall, if he is not already serving therein be made available for serving in the successor State from such date as may be agreed upon between the Governments concerned or in default of such agreement, as may be determined by the Central Government. (3) Every person, who is finally allotted under the provisions of sub-section (2) to a successor State shall, if he is not already serving therein be made available for serving in the successor State from such date as may be agreed upon between the Governments concerned or in default of such agreement, as may be determined by the Central Government. (VI) On plain reading of the aforesaid provision, it is quite apparent that there would be no change in the existing service condition since prior to the creation of the State of Jharkhand but the Fitment Committee did not recognize two sets of pay-scales for pre and post 01.04.1981 of Circle Assistant. (VII) It is no more res-integra that power for the classification of the pay-scale is vested with the Pay Revision Committee and court should be loath to tinker with the pay scales unless same is tainted with arbitrariness based on illegality and untenable grounds. (VIII) But in the instant case, in view of the fact that there is apparently no distinction between pre and post 01.04.1981 appointees on the Circle Assistant and there would not be justification for prescribing two pay-scales for similarly situated employees. 13. As logical sequitur to the aforesaid reasons, the impugned order dated 08.06.2010 warrants interference by this Court. Accordingly, the same is quashed and set aside and the respondents are directed to rectify the anomaly in the pay-scale of the petitioners by quashing the part of the impugned order dated 08.10.2001 and on the basis of the recommendation of the Fitment Committee constituted after 5th PRC for granting the pay-scale of Rs.5,000-8,000/- instead of 4,000-6,000/-. The aforesaid exercise be completed within a reasonable period preferably within a period of 4 months from the date of receipt of copy/communication of order. 14. With the aforesaid direction, the writ petitions stand allowed. Petition allowed.