IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5323 of 2005 1. DINKAR PRASAD SINGH, son of Sri Luxmi Narain Singh, resident of village – Simra, P.S. Phulwarisarif, District – Patna. 2. Rajendra Paswan, son of late Rama Paswsan, resident of village – Aachechak, P S – Parsa Bazar, District – Patna. 3. Rajeshwar Prasad Singh, son of late Anandi Singh, resident of village – Piaria, P.S. Gaurichak, District – Patna, at present working on the post of Mechanic Central Workshop Development and Training Institute Sheikhpura, Bailey Road, Patna. 4. Raj Nandan Singh, son of late Satya Lal Singh, resident of village – Dewaramkechak (Marchi), P.S. Chowk Kala, District – Patna-14. 5. Sadanand Prasad Singh son of late Shittal Prasad Singh, resident of village – Mihirpur, P S – Shambhuganj, District – Banka. 6. Rameshwar Rai son of Sri Radha Rai, resident of village – Bagalpur, P S – Sikrahta, Dist. Bhojpur, at present working as Mechanic Central Workshop Development and Training Institute Sheikhpura, Bailey Road, Patna. 7. Shrikant Singh, son of late Ramanuj Singh, resident of village – Dayalpur, P S – Rajapakar, District – Vaishali. 8. Chandeshwar Mahto, son of late Mangal Mahto, resident of village – Sabbalpur, Nawaltola, P S – Sonepur, District – Chapra. 9. Braj Bhushan Prasad, son of late Bhola Sah, resident of village – Chandpura, P s – Garoul, District – Vaishali. 10. Prameshwar Prasad Singh, son of late Pulis Singh, village – Simra, Post – Parsa Bazar, P.S. Parsa Bazar, Distt. Patrna. 11. Jagdish Prasad Singh, son of late Shyam Pyare Singh, village – Jagdishpur, Post – Powaba, P S – Masaurhi, Distt – Patna. 12. Ram Charan Prasad Singh, son of late Takka Prasad, resident of village Garraria Bigha, P.O. Koshiuyawan P S Ekengar sarai, Dist. Nalanda. 13. Md. Ishrail, son of late Abdul Gaffoor, resident of village – Kanidhpur, P S Wazidpur, P S - Kashichak, Dist. Nawada. 14. Manager Rai son of Prayag Rai resident of village – Sarpatta, P.O. Gijha, P S – Jamhore, Dist. Aurangabad. 15. Baleshwar Mistri, son of late Daroga Mistri, resident of village – Bhagan Bigha, P S – Rahul, Dist. Nalanda. 16. Ram Bali Prasad son of late Manjhi Gope resident of village – Pakro Shrapur,District - Nalanda. 17. Shyam Nandan Prasad Singh, son of late Yogendra Prasad Singh, resident of village – Subhankarpur, P.S. Marwan, District – Muzaffarpur. 18. Bijay Kishore Singh son of late Parmeshwar Dayal Singh, resident of village – Gokula Bazar, P.O. Gokulakurwan, P.S. Baunsi, District – Banka. Versus 1. THE STATE OF BIHAR. 2 2. The Joint Secretary, Department of Minor Irrigation, Vikas Bhawan, New Secretariat, Patna. 3. The Secretary, Department of Finance, Government of Bihar, Main Secretariat, Patna. 4. The Additional Secretary to the Government, Department of Finance, Main Secretariat, Patna. 5. The Engineer-in-Chief, Department of Tube-well Coordinator, Minor Irrigation, Viswaswaraiya Bhawan, Patna. 6. The Chief Engineer (South), Tubewell Unit, Minor Irrigation Department, Sheikhpura, Patna. 7. The Chief Engineer (North), Tubewell Unit, Minor Irrigation Department, Sherpur Bela, Muzaffarpur. 8. The Superintending Engineer, Tubewell Coordinator Unit, Minor Irrigation, Viswaswaraiya Bhawan, Patna. 9. The Executive Engineer, Central Workshops Development and Training Institute, Patna. 10. The Executive Engineer, Tubewell Division, Hajipur and Tubewell Division Hajipur, Vaishali. 11. The Executive Engineer, Tubewell Division Khagaria and Tubewell Division Bhagalpur. with CWJC No.5082 of 2005 JEEBACHH RAM, son of late Madan Das, resident of village – Paraw Pokhar Aam Gola, P S – Muzaffarpur, District – Muzaffarpur, at present working as fitter, Tube-well Sub- division, Muraul, Muzaffarpur. Versus 1. THE STATE OF BIHAR 2. The Secretary, Minor Irrigaiton Department, Vishwaswaraiya Bhawan, Patna. 3. Under Secretary, Minor Irrigation Department, Govt. of Bihar, Patna. 4. The Project Co-ordinatory, Tube-well project, Vishwashwaraiya Bhawan, Patna. 5. The Chief Engineer, North, Tube well Wing, Patna. 6. The Executive Engineer, Tube Well Division, Muzaffarpur, Dist. Muzaffarpur. 7. The Commissioner cum Secretary, Department of Finance, Government of Bihar, Patna. 8. The Under Secretary, Department of Finance, Govt. of Bihar, Patna. 9. The Joint Secretrary, Minor Irrigation Department, Government of Bihar, Patna. ----------- For the petitioners: Mr. Sanjeev Kumar Mishra (In CWJC No.5323 of 2005) and M/S. Subodh Kumar Jha, Bidhan Chandra Jha & Jitendra Kumar Pandey (In CWJC No.5082 of 2005). ------- 3 04. 25.8.2010 Both the writ applications can be disposed of by this common order. This is another bout of litigations after the earlier writ applications stood disposed of with a direction upon the respondents to take a decision on the kind of pay scale which the petitioners would be entitled to while working as fitters under the Minor Irrigation Department. The speaking order came to be passed on 25.2.2005 and this speaking order is under challenge and has been brought on record as Annexure-28 in CWJC No. 5323 of 2005. The same is under challenge by another number as an annexure but the order under challenge is same. The pay scale which was granted to the petitioners w.e.f. 1.4.81 given by the Water Development Corporation has been undone by the State on the ground that though the services of these petitioners along with many other were transferred to the Corporation on 28.2.1974 on lock, stock and barrel basis but the said Corporation came to be wound up in the year 1986 and all the employees were reverted back to the parent department. Speaking order states that since the service conditions of the Corporation never came to be fixed or notified, therefore, there was no occasion for the Corporation to grant benefit of pay scale from a retrospective date and that too in the year 1992. It clearly states that the service conditions and pay scale which is available to the employees will be what is laid down by the State or the Minor 4 Irrigation Department. According to them, the pay scale available to fitter from 1.4.1981 is Rs.535-765 and Rs.975-1540 w.e.f. 1.1.86 and Rs.3050-4590 from 1.1.96. Counsels for the petitioners submit that the pay scale indicated in the said order is an error of record because there was yet another pay scale which has been given to the fitters and that pay scale has not been granted to them and this is a matter which can be verified by the respondents. If there is an error of record, that can be best verified by the respondents themselves. It is not the responsibility of the Court to offer a pay scale to the petitioners merely because it is pleaded that there is an error of record in the order which, according to the petitioners that has crept in. Whether the pay scale indicated by the respondents in the impugned order is an error of record or not cannot be certified by the Court. It is for the respondents to look into the notification and certify the same. In this regard, petitioners are directed to file their applications with so-called notification which applies to them, to the Principal Secretary, Department of Finance, who shall get the matter verified and inform the petitioners of the outcome of that verification within three months from the date of such applications having been filed. Both the writ applications stand disposed of. It is made clear that if the petitioners file their 5 application as directed above within four weeks, then till the disposal of their application, no recovery will be made in the meanwhile. rkp ( Ajay Kumar Tripathi, J.)