- (1.) HEARD learned counsel for the parties. The petitioner seeks quashing of an order contained at Annexure -14 dated 15th February, 2001, issued by the Chairman, Bureau of Public Enterprises, Government of Bihar, whereby he has refused to grant the pay scale of Rs. 3000 -4500/ - pursuant to 5th Pay Revision Committee Recommendation.
(2.) THE petitioner on the basis of an order dated 18th September,2000 passed in CWJC No. 3333 of 1998(R), preferred for the same relief had made a representation before the Chairman, Bureau of Public Enterprises, who was directed to consider and decide on his representation by the said order. It is the case of the petitioner that he was working as Chief Security Officer since his appointment on 22nd August, 1975 in the pay scale of Rs. 500 -1155/ -. The said scale was revised in the pay scale of Rs. 1000 -1820/ - w.e.f. 1st of April, 1981 on the basis of 4th Pay Revision Committee recommendation has also been implemented for B.S.M.D.C employees. The petitioner was granted 1st Time Bound promotion after 10 years in the next higher pay scale of Rs. 1350 - 2000/ - w.e.f. 22nd August, 1985.
(3.) LEARNED counsel for the petitioner has relied upon a decision of the Corporation contained in Agenda Item no. 1/8 in its meeting dated 26th August, 1972, to submit that employees of the Corporation are entitled to such allowances and service benefits as are admissible to the employees of the Government of Bihar pending finalization of the own service condition by the Company to its employees. Pursuant to aforesaid decision, Pay Revision Committee Recommendations have been implemented in the Corporation and accordingly 5th Pay Revision Committee recommendations were also recommended. According to the petitioner, the revised scale of Rs. 3000 -4500/ - was admissible to the pre -revised scale of Rs. 1350 -2000/ - which the petitioner was getting on the basis of his Time Bound Promotion. The said scale was also admissible to the Senior Mining Engineer/Mines Engineer, who were also in the same scale, however, the petitioner was aggrieved as his scale have been revised to Rs. 2400 -4150/ -. It is submitted that on representation being made by the petitioner against the said pay anomaly the Corporation as well as Controlling Department also made recommendation to the High Level Committee for removal of anomaly recommending the revised pay scale of Rs. 3000 -4500/ - vide Annexure -4. It was followed up by another letter dated 9th February,1999 vide Annexure -5 addressed to the Secretary, Bureau of Public Enterprises. It is further submitted that similar cases of pay revisions were also considered in respect of persons working as Assistant Director, District Mining Officer, Drilling Engineer in Mines and Geology Department, who were granted revised pay scale of Rs. 3000 -4500/ - in stead of 2400 -4150/ - and has been implemented by the Corporation vide Annexure -6. Since the petitioner's case was not being considered in proper scale which would have entitled him to a higher scale under the 6th Pay Revision Committee in the scale of Rs. 10,000 -15,200/ - in stead of Rs. 8000 -13,500/ -., the petitioner left with no option approached this Court in the earlier writ petition as referred to hereinabove wherein an order was passed directing the Chairman, Bureau of Public Enterprises to consider the representation of the petitioner and the petitioner was allowed to give details relating to the recommendations made by the Corporation - State. Thereafter the impugned order has been communicated to the petitioner vide letter dated 15th February, 2001 vide Annexure -14. Two grounds on which such claim has been refused are (a) that the grant of 1st Time Bound Promotion in the scale of Rs. 1350 -2000/ - given to the petitioner was done before taking approval from Bureau of Public Enterprises (b) The Corporation while giving additional responsibilities of Vigilance Officer to the petitioner, apart from his original post of Chief Security Officer, did not seek approval from the Bureau of Enterprises. On these grounds though the petitioner was having a scale of Rs. 1350 -2000/ - his claim for scale of Rs. 3000 -4500/ - as were paid to personnel of the Mining Discipline were refused by holding that the petitioner's basic pay is Rs. 1000 -1820/ -.;