S. N. Pathak, J. - (1.) Heard learned counsel for the petitioners. There is no representation on behalf of the respondents- the State of Bihar.
(2.) The petitioners claim to be representatives of the employees working under the Health Department, Government of Jharkhand. They have filed the present writ application seeking a direction upon the respondents-the State of Jharkhand to grant pay scale of Rs. 4500-7000/- for the post of Health Visitor (Tuberculosis) which, according to them is replacement scale of Rs. 1400-2300/-, which they were earlier getting. They have a grievance that the Health Visitors (Tuberculosis) have wrongly been given the scale of Rs. 4000-6000/-. The plea of the petitioners is based on a premise that as on the basis of recommendation made by 3rd Pay Revision Committee's Report Health Visitors (Tuberculosis) were given scale of Rs. 296-460/- whereas persons working as Lab Technicians and X-ray Technicians with the same qualification of I. Sc. were placed in lower scale of Rs.240-396/-. On the basis of 4th Pay Revision Committee's Report, pay scale of Health Visitor (Tuberculosis) was enhanced to Rs.680-965/-. Pay scale of Lab Technician was fixed at Rs. 580-860/- whereas that of X-ray Technician was to Rs. 680-965/-. Qualification for all the three posts remained, however, the same, i.e., I. Sc. Up to this stage the Health Visitors (Tuberculosis) did not have any grievance. Pay scale of X-ray Technicians was made equal to scale of Health Visitors. Pay scale given to Lab Technicians was Rs. 580-680/- which was substantially less than that of Health Visitors (Tuberculosis). The controversy arose after recommendation made by 5th Pay Revision Committee's Report. Pay scale of Health Visitors (Tuberculosis) was fixed as Rs. 1320-2040/- and that of X-ray Technician as Rs. 1400-2300. Thus, the Health Visitors (Tuberculosis), who were getting more than X-ray Technician on the basis of recommendation of 3rd Pay Revision Committee's Report were placed in lower scale of Rs. 1320-2040/-. The Lab Technicians were also given scale of Rs. 1320-2040/- on the basis of recommendation made by 5th Pay Revision Committee's Report. The anomaly in the pay scale was pointed out by the Health Visitors (Tuberculosis) upon implementation of the recommendation of 5th Pay Revision Committee's Report. The anomaly was resolved and pay scale of Health Visitor (Tuberculosis) was fixed as Rs. 1400- 2300/- and was made equal to the scale of X-ray Technician. The scale of Lab Technician, however, remained to be Rs.1320-2040/-, apparently less than the scale fixed for Health Visitors (Tuberculosis). The main controversy arose upon implementation of the recommendation of 6th Pay Revision Committee's Report. The Health Visitors (Tuberculosis) have been given the pay scale of Rs.4000-6000/- whereas the persons working as Lab Technicians and X-ray Technicians have been given the scale of Rs. 4500-7000/-. In this background, the case of the petitioners is that fixation of pay scale of Health Visitors (Tuberculosis) in Rs.4000-6000/- is arbitrary, discriminatory, and irrational. The plea is that qualification for all the three posts are same and the Health Visitors (Tuberculosis) were getting substantially more than Lab Technicians and X-ray Technicians on the basis of 3rd Pay Revision Committee's Report and there cannot be any rationale behind placing the Health Visitors (Tuberculosis) lower than the persons working as Lab Technician and X-ray Technician in the matter of fixation of pay scale.
(3.) The facts recorded above have been taken from the writ application, which is a comparative chart prepared by the petitioners with respect to pay scales given to different posts on the basis of recommendation made by Pay Revision Committee's Reports. This comparative chart and pleadings to this effect has not been controverted by the respondents the State of Bihar in their counter-affidavit. For the better appreciation of facts as well as better clarity, pay scales given to Health Visitors (Tuberculosis), Lab Technicians and X-ray Technicians on the basis of recommendation made by Pay Revision Committee's Reports is given hereinbelow:- JUDGEMENT_248_LAWS(JHAR)7_2017_1.html ;