RAMESH KUMAR MERATHIA, J. - (1.) HEARD the parties finally.
(2.) MR . P.K. Prasad, appearing for the petitioner, submitted as follows. The petitioner working as Development Officer in Ranchi Industrial Area Development Authority (for short "RIADA"), retired on 28.2.2001. The pay scale of the Development Officer was treated equivalent to the Deputy Director, Industries Department up to the recommendation of the 4thPay Revision Committee report. In view of the recommendation of the 5th Pay Revision Committee report, the pay scale of the Deputy Director and equivalent post was fixed at Rs. 3000 -4500/ - against which the Deputy Director protested and by Resolution dated 8.2.1996, the Pay Anomaly Committee revised the same in the scale of Rs. 3700 -5000/ - but the petitioner was paid the earlier scale of Rs. 3000 -4500/ - and, therefore, he is entitled to the difference of pay with effect from 1.3.1989 from which date monetary benefits were to be given. He further submitted that such claim was recommended by RIADA while forwarding it to the State Government. He further submitted that the petitioner is entitled to the pay scale in similar manner on the basis of the report of the 6th Pay Revision Committee, with effect from 1.4.1997 but the same has been denied on the ground that RIADA has implemented the benefits of 6th Pay Revision Committee report with effect from 1.4.2003, i.e. after the retirement of the petitioner. 3. The petitioner moved this Court in C.W.J.C No. 341 of 2000 (R) which was disposed of by order dated 3.4.2002 (Annexure 6) with liberty to the petitioner to approach the Secretary, Finance Department, Government of Jharkhand. The petitioner approached the Secretary by letter/ representation dated 175.2002 (Annexure 7). The Finance Secretary took a decision vide Memo No. 5023 dated 5.8.2002 (Annexure 8), relevant portion of which reads as follow: this connection, is on record that the Bureau of the Public Enterprises, in undivided Bihar vide its letter No. 50/81/204/fin dated 15 February 1982 had asked the various Corporations/Boards/authorities not to extend 4th pay revision without obtaining prior Government approval. Clearly this was done to prevent such bodies from undertaking permanent liabilities on establishment without regard to its income and thus adversely affecting the viability of these bodies themselves. It is in light of this letter the reference from Industries Department was considered and clarification was sought. Usually the department has to clearly state their proposal along with the financial implication, clearly indicating the source to meet such additional financial burden. At the same time the promotion and fitment must be fair and equitable and in formation with other such bodies. The industries department is yet to place their proposal accordingly. In case a Body/Corporation/Authority can satisfy the Government that it has the potential and ability to generate resources to meet its own commitments without simply raising demands to the Government on the ground that Government is the owner/shareholder of these bodies, the same can be given due consideration for a decision. The Government cannot take individual decision regarding employees of the Board/Corporation/ Authorities/Universities etc. It has been already established that Boards/Corporation/ Authorities are autonomous bodies and the issues raised by its employees are to be attended to by the employers themselves in terms of their service condition. The Government is not in a position to consider the demands made by an isolate case of Sri Veer Singh to his employer. It remains open to RIADA to satisfy the Government regarding the services of its funding to meet the additional burden. RIADA is advised to approach its parent department i.e., Industries department in this regard with a transparent proposal.
(3.) IN the counter affidavit, the Industries Department has said that the post of Deputy Director is a Government post whereas the post of the Development Officer is that of the Industrial Area Development Authority. The posts and functions are different.;