- (1.) HEARD learned counsel for the parties. These writ petitioners have approached this Court for commanding upon the respondents to revise and fix the pension of these petitioners in the pay scale of Rs. 50008000/ relying upon the decision rendered in the case of another petitioner in W.P. (S) No. 2300 of 2002 vide judgment dated 12th May, 2004. The case of the present petitioners is that pursuant to the judgment rendered by Annexure1 i.e. CWJC. No. 4781 of 1982 and by Annexure3 i.e. CWJC No. 2458 of 1987, it was held that the post of Auxiliary Health Workers and Block Extension Educators were at par and they were entitled to get the same scale of pay of Rs. 7851210/ w.e.f. 1st of April, 1981 and subsequent revision thereupon.
(2.) IT is the case of the petitioners that they were Auxiliary Health Workers and on the implementation of 6th Pay Revision the Government has while revising their scale placed them in the scale of Rs. 4000 to 6000/ which was lower than the scale which they were entitled. The petitioners have relied upon a judgment rendered by Patna High Court vide Annexure4 i.e. CWJC No. 2330 of 2002 vide judgment rendered on 12th May, 2004, wherein, according to the petitioners, the petitioner in the said case who also retired as Auxiliary Health Workers was held to be entitled to the said pay scale of Rs. 50008000/ and consequent fixation of pension based upon the last pay drawn by him. The petitioners in the present case, however, submits that despite dispute raised in respect of the pay anomaly by their Union it was not corrected by the time the petitioners retired and therefore they have come before this Court with the present prayer after the retirement. The respondents were given time earlier to file affidavit and thereafter they have filed supplementary counter affidavit also on the specific queries made by this Court in the order dated 11th April, 2012. The respondents in their supplementary counter affidavit, however, have stated that these petitioners were posted as Auxiliary Health Workers in the pay scale of Rs. 30504590/ in the 5th Pay Revision and were granted the benefit of ACP as per which they were getting the scale of Rs. 40006000/ at the time of their retirement. On the other hand, the Block Extension Educators were granted the scale of Rs. 5000 to 8000 under the 5th Pay Revision and the nature and duties of the two posts were quite different as the Auxiliary Health Workers were required to work with ANM vaccination while the Block Extension Educator had to undertake supervisory work under the block level/ PHC Level.
(3.) I have heard learned counsel for the parties. The petitioners appear to have been made out a case that they were entitled to similar treatment as given to Block Extension Educator. In this regard they have relied upon the judgment by Patna High Court as also the judgment rendered by this Court in CWJC No. 2330 of 2002. Of course, the petitioners have retired in the scale of Rs. 4000 6000 but it appears that the very question whether these Auxiliary Health Workers were to be granted the said scale of Block Extension Educator in view of the judgments rendered by the Patna High Court and also referred to in the judgment rendered by this Court in WP (S) No. 2300 of 2002 have not been given proper attention by the respondents and it requires reconsideration on their part. In these circumstances, the petitioners are directed to approach the Director inChief, Health Services, Government of Jharkhand, Respondent no.4 with a fresh representation for consideration of their claim for grant of scale of Rs. 50008000/ and consequent revision in post retirement benefits. If the petitioners make a representation together with all supporting facts and documents within a period of 3 weeks before the respondent no. 4, Director inChief, Health Services, Government of Jharkhand, he shall consider the same in accordance with law and pass a reasoned and speaking order within a period of 16 weeks thereafter, which shall also be communicated to the petitioners. It is made clear that if the petitioners are also entitled to the same scale of Rs. 50008000 at par with the Block Extension Educator, and if their grievances are found to be genuine and legally admissible, consequential orders thereupon including the payment of the revised arrears of pay and post retirement benefits be paid to the petitioner within a further period of 8 weeks thereafter.;