- (1.) HEARD learned counsel for the parties. The writ petitioner is association of Jharkhand Co-operative Extension Officer which has preferred this writ petition on behalf of its members for commanding upon the respondents to grant the pay scale of Rs. 5500-9000.00 as are being paid to similar class of persons like Labour Enforcement Officer under the Respondents-State. The petitioner had made out a case that by the same recruitment exercise 16 different posts in different departments were filled up and different pay scales were being granted to persons holding different posts even though they were appointed on the basis of same recruitment exercise. Being aggrieved by the same, some persons being appointed as Statistical Assistants in the Agriculture Department of the then Government of Bihar, had moved the writ petition being CWJC No. 8419 of 1992.
(2.) LEARNED counsel for the petitioner has relied upon the judgment rendered in the said case on 22nd September,1993 (Annexure-6), to submit that the Division Bench of the Patna High Court has held that the persons, who are working on 16 type of posts, enumerated in the list thereunder in different departments are entitled to scale of Rs. 1600-2780.00 w.e.f. 1st of January, 1986, as decided by the State Government, while accepting the 5th Pay Revision Committee Report with monetary benefits w.e.f. 1st March, 1989. Learned counsel for the petitioner further submits that the Division Bench of the Patna High Court had also made an observation that similarly situated persons should be granted the same benefit. Learned counsel for the petitioner has also relied upon the judgment and order dated 13th October, 2006 (Annexure-8) passed by the Patna High Court in CWJC No. 14243 of 2004 in the case of Sunil Kumar and others-Vs.-State of Bihar in order to submit that on the basis of judgment rendered in the case of Nagendra Sahani (Supra) as also taking into account the fact that the petitioners were also similarly situated class III employees, the said petitioners were also directed to be paid the same pay scale as that of Labour Enforcement Officers. Learned counsel for the petitioner submits that in that view of the situation the petitioners ought to have been granted the said scale of Rs. 5500-9000.00 in stead of 5000-8000.00 by the Respondents-State of Jharkhand. The State Government has also appeared and filed their counter affidavit. It is the stand of the Respondents-State that recommendation of Fitment Committee constituted by the then State of Bihar for recommending the Central Pay Scale to the State Government employees, had recommended the scale of Rs. 4500-7000.00 to the Co-operative Extension Officers. Thereafter on the grievances being raised by the Co-operative Extension Officers against the said fixation of pay and also for redressal of other pay anomalies raised by other employees of the State Government, a Fitment Appellate Committee under the Chairmanship of sitting judge of Patna High Court Hon'ble Mr. Justice Aftab Alam (as His Lordship then was) was constituted to examine the grievances in the recommendation made by the Fitment Committee. The Appellate Committee considered the case of pay scale of Co-operative Extension Officers and recommended the higher pay scale of Rs. 5000-8000.00 to them (Annexure-A). These writ petitioners preferred a writ petition before this Court being W.P. (S) No. 4670 of 2003 for grant of said scale, though it was recommended by the Fitment Appellate Committee but not being implemented. The Respondents- State submits that the writ petition was disposed of vide order dated 17th September,2003 (Annexure-B) to the counter affidavit, directing the State of Jharkhand to decide the issue after consideration of the recommendation of the Fitment Appellate Committee in respect of Co-operative Extension Officers within a period of three months. Thereafter the resolution dated 13th September,2000 (Annexure-C) has been issued after proper consideration of the grievances of the petitioners and granting them higher scale of Rs. 5000-8000.00 as recommended by the Fitment Appellate Committee in stead of 4500-7000.00 as was also recommended by the Fitment Committee.
(3.) LEARNED counsel for the petitioner, therefore, submits that the grievances of the petitioner are misplaced. I have heard learned counsel for the parties at length and gone through the relevant materials on record. These petitioners had earlier moved this Court seeking direction upon the respondents to grant a particular revised scale of pay in view of recommendation of the Fitment Appellate Committee chaired by Hon'ble Mr. Justice Aftab Alam of Patna High Court (as His Lordship then was). The said committee was constituted to look into the pay anomaly and grievances of employees of the State Government upon fixation of pay scale pursuant to the implementation of the central pay scale under 5th Pay Revision. Earlier the petitioners were granted the pay scale of Rs. 4500-7000.00 by Fitment Committee constituted for such purpose. The Fitment Appellate Committee, however, recommended the higher pay scale of Rs. 5000-8000.00 to the members of Co- operative Extension Officers cadre being represented by the present petitioners. The petitioners had come before this Court as the State Government had not acted upon the recommendation of the Fitment Appellate Committee. It was categorical stand of the petitioners in the earlier writ petition that they should be granted revised scale of Rs. 5000-8000.00 in place of Rs. 4500-7000.00 in view of the report of the Fitment Appellate Committee. The judgment of the Division Bench of the Patna High Court relied upon by the petitioners was rendered on 22nd September,1993(Annexure-6), but the petitioners had only sought for scale of Rs. 5000-8000 in stead of scale of Rs. 5500-9000.00 which was granted to the post of Labour Enforcement Officers. The petitioners had opportunity to raise a claim for grant of higher scale of Rs. 5500-9000 though they made a prayer for grant of scale of Rs. 5000-8000 only as was recommended by Fitment Appellate Committee. This court vide its order dated 17th September, 2003 therefore remanded the matter to the State of Jharkhand and the Respondents-State was directed to determine whether it will accept the recommendation of the Fitment Appellate Committee in respect of Co-operative Extension Officers or not? For better appreciation, the relevant extract of the order passed by this Court in W.P.(S) No. 4670 of 2003 is quoted hereunder: - "The last pay revision/fitment of pay of the State Government employees was allowed by Government of Bihar Finance Department's Resolution no. 3435 (F/2) dated 8th June, 1999. There being certain anomaly in the revision of pay/fitment of pay, in place of the Anomaly Removal Committee, a "Fitment Appellant Committee" was constituted by the State to look into the question whether the revised scale of pay/fitment of pay was properly made or not. According to petitioners, the scale of pay of Co-operative Extension Officers having not been revised/fitted in the appropriate scale of pay, they also moved before the Fitment Appellate Committee, chaired by Hon'ble Mr. Justice Aftab Alam of the Patna High Court. The Fitment Appellate Committee though recommended to grant revised scale of Rs. 5000-8000.00 in place of Rs. 4500-7000.00 as was allowed and the State Government has accepted the recommendation of Fitment Appellate Committee but no formal order was issued by the State Government with regard to the Co-operative Extension Officers. Having heard the parties and in view of stand taken by the petitioner-Association, the case is remitted to the State of Jharkhand through the Chief Secretary, Government of Jharkhand to decide the issue taking into consideration the recommendation of the Fitment Appellate Committee in respect to Co-operative Extension Officers, preferably within a period of three months from the date of receipt/production of a copy of this order. If the recommendation of Fitment Appellate Committee was accepted by the then State of Bihar, the successor State of Jharkhand is required to issue only a formal order of revised scale of pay. On the other hand, if the recommendation was not accepted earlier, then it is to be determined whether the State of Jharkhand will accept the recommendation of the Fitment Appellate Committee in respect to the Co-operative Extension Officers or not. The petitioner-association will produce a copy of this order before the Chief Secretary, Government of Jharkhand, who will take up the matter with the State Government. The writ petition stands disposed of, with the aforesaid observations/directions." ;