IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.31 of 2002 PHUL KUMARI HERENJ, W/O SRI MANKESHWAR DAYAL MALDAHIYAR AT PRESENT RESIDING AT 201, SATYAWATI COMPLEX KANKARBAGH MAIN ROAD, PATNA, PRESENTLY POSTED AS JUNIOR SISTER TUTOR IN THE SCHOOL OF NURSING, P.M.C.H., PATNA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE SUPERINTENDENT, PATNA MEDICAL COLLEGE AND HOSPITAL, PATNA-800007. 4. THE TREASURY OFFICER, PATNA MAIN TREASURY, PATNA. ………………RESPONDENTS. ----------- 8 05.04.2010 From the writ petition it appears that after her appointment as Staff Nurse Grade-A in 1973 petitioner was ultimately promoted to the post of Junior Sister Tutor by order dated 11.12.1992 and was placed in the pay scale of Rs.1640-2900. After the Fitment Committee report was accepted by the Government and notified a Fitment Appellate Committee was also constituted which considered the grievances of the employees and their Associations and submitted its report. As a policy it was accepted that the Nursing Staff under the Government shall be given corresponding revised scale of Central Government employees of the grade. The 2 recommendation of the Appellate Fitment Committee was also accepted by the Government and notified. As per recommendation of the Fitment Committee, petitioner was placed in the revised pay scale of Rs.5500-9000 which was the revised scale of the original scale of Rs.1640- 2900 under the Government of India. Learned counsel for the petitioner submits that as the petitioner had become teaching staff, she was entitled to revised pay scale of Rs.6500-10500. He has referred to extract of the notification, annexed as Annexure-3, which shows that under the Central Government, Assistant Nursing Superintendent/ Sister Tutor/ Senior Tutor/ Senior Sister Tutor/Nursing Supervisor/Public Health Nursing Supervisor/ Tutor were in the scale of Rs.2000- 3200 under the Central Government and were given revised scale of Rs.6500-10500. He submits that since the petitioner was promoted as Junior Sister Tutor, she will fall in this category. However, in the extract of the notification, the nomenclature of Junior Sister Tutor is not mentioned anywhere. Hence, petitioner could be entitled to the revised pay 3 scale of Rs.6500-10500 only if her unrevised pay scale was Rs.2000-3200. Upon her own showing she was promoted as Junior Sister Tutor in the scale of Rs.1640-2900. In absence of the said nomenclature of the post, the post of the petitioner has to be identified on the basis of the pay scale she was drawing prior to the revision of pay scale as recommended by Fitment Committee. This has admittedly been given to the petitioner. Petitioner has not been able to show that either she was wrongly given the pay scale of Rs.1640-2900 upon her promotion to the post of Junior Sister Tutor by order dated 11.12.1992 or she was entitled to any higher scale before the revision. Accordingly, this Court does not find any merit in the writ application and the same is dismissed. Arvind/ (J. N. Singh, J.)