- (1.) THE present writ petition has been preferred for the following reliefs: (A) For direction to the respondents to allow and grant the pay scale of Rs. 5000 -8000/ - of 6th Pay Revision Commission as per the recommendation of the Fitment Appellate Committee presided and headed by a Hon'ble Judge of Patna High Court. (B) For direction to the respondents to grant and pay the scale of Rs. 1600 -2780/to the petitioners from the date of their appointment (in the year 1990 and 1994 respectively) as was granted to the Junior Statistical Assistant of the Industries Department as per the recommendation of 5th Pay Revision Commission, and to give effect of the merger from the date of appointment of the petitioners.
(2.) THE counsel for the petitioners has already stated on oath that prayer with regard to paragraph (A) has already been granted and thus no relief survives. However, he submits that prayer with regard to paragraph (B) is still to be allowed. He also referred to learned Single Judge "Bench order dated 9.3.07 passed by the Hon'ble Patna High Court in CWJC No. 12301 of 2005 to support his contention. In support of his contention he has also referred to the report of the Fitment Appellate Committee, in particular paras 2.9 and 2.10, which is quoted as under: - "2.9. The High Court held that all the Graduate Level Supervisory posts should be put together in the same pay scale of RS.1600 -2780/ - and made the following observation in that regard: - "We are told that there are several other persons whose case are similarly situated, but they have not moved this Court. We are of the view that if cases of those persons are similarly situated, they are not required to move this Court, but they shall be also granted the same scale with similar monetary benefits within the aforesaid time. This writ application is accordingly allowed." 2.10. It is noted above, that in that case 16 posts enumerated hereinabove were brought to the notice of the High Court but apart from those 16 posts there were other posts too on which recruitment was made through the same competitive examination but they were not specifically mentioned in the High Court order, like Graduate Enumerator, Malaria Inspector, Fisheries Supervisor etc. The above quoted observation of the High Court refers to such of the Graduate Level Supervisory posts which were not specifically mentioned in the order." Considering the aforesaid facts and circumstances of the case the respondents are directed to dispose of the claim of the petitioners with regard to prayer contained in paragraph (B) which still survives in the light of the observations made above, within a period of two months from' the date of receipt of a copy of this order.
(3.) IT goes without saying that if the claim is found legal, the same should be complied with.;