JUDGEMENT
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(1.) Leave granted.
(2.) The present appeal, by special leave, is directed against the
judgment and order dated 10.8.2011 passed in LPA No. 210 of 2009 by the
High Court of Judicature at Patna whereby the Division Bench affirmed
the orders dated 17.7.2008 and 28.1.2009 passed in CWJC No. 4098 of
2001 and CWJC No. 17736 of 2008 respectively.
(3.) The appellants, who are Homeopathic doctors, being aggrieved by
non-grant of correct scale of pay, knocked at the doors of the High
Court in CWJC No. 8471 of 1994, which was disposed of, vide order
dated 30.11.1995, directing as follows: -
" .. this writ petition is disposed of by directing the Joint
Secretary, Urban Development Department, Bihar, Patna (Respondent
No. 2) to take a final decision within a period of eight weeks
from the date of receipt/production of a copy of this judgment
about the extension of the benefit of the recommendations of the
3rd, 4th and 5th Pay revision Committee to the petitioner in the
light of the observations made in this judgment. It is also made
clear that while taking final decision in the matter, respondent
No. 2 will also take into consideration the pay scale recommended
by the Pay Anomaly Committee for Homeopathic Doctors, namely, Rs.
2200-4000/- with effect from 1st January, 1986. It is, however,
made clear that such pay scale has been recommended for the degree
holder. Respondent No. 2 will examine whether the petitioners are
degree holders and whether the benefit of such recommendation of
the Pay Anomaly Committee can be extended to them."
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