IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.210 of 2009 In (CIVIL WRIT JURISDICTION CASE 17736/2008) 01. Dr.Nawal Kishore Verma, son of Late Surya Narayan Prasad, resident of Mohalla-Chitragupta Colony, Station Road, P.O. & P.S.- Mahnar, District-Vaishali 02. Dr. Ramakant Sharma, son of Sri Jagdish Sharma, resident of Mohalla-Sadpura, P.O.- Ramna, Ward No. 31, District-Muzaffarpur, At present posted as the Medical Officer, Muzafrfarpur Municipal Corporation, Muzaffarpur ….. Petitioner-Appellant Versus 01. The State Of Bihar 02. The Commissioner-Cum Secretary, Urban Development Department, Government of Bihar, Patna 03. The Additional Secretary, Urban Development Department, Government of Bihar, Patna 04. The Joint Secretary, Urban Development Department, Government of Bihar, Patna 05. The Special Officer, Mahnar Municipality at P.O. & P.S. Mahnar, District- Vaishali 06. The Administrator, Muzaffarpur Municipal Corporation at P.O. + P.S.- and District- Muzaffarpur ….. Respondent-Respondent For the Petitioner:- Mr. Ashuresh Ranjan Pandey & Mr. Ramanuj Tiwary, Advocates For the State:- Mr. Manoj Kumar Sinha, AC to GA-10 For Respondent No.6 Muzaffarpur Municipal Corporation:- Mr. Awadhesh Kumar, Advocate ---------------------------------- 08. 10.08.2011 The present L.P.A. arises out of the order dated 28.01.2009 passed in C.W.J.C. No. 17736 of 2008, whereby the learned Single Judge refused to interfere with the order passed on 17.7.2008 in C.W.J.C. No. 4098 of 2001. The claim of the petitioners seems to be for 2 grant of the higher pay scale w.e.f. 01.04.1983 and 01.01.1986 respectively as it was granted to the Decree holders of Homeopathic Doctors. The appellants were the Diploma holders and it is contended that they are entitled for the benefit of Annexure-2 dated 1.12.1992 wherein the Government has issued a Memo equating the pay scale between the Diploma holders and the Degree holders, but as the learned Single Judge has not considered the same, Review application has been filed, but the same has been dismissed, hence the present L.P.A. The learned Government Pleader submitted that the Diploma holders are not entitled to claim equal pay as that of Degree holders as such Diploma holder cannot claim equal pay as that of Degree holders and it is for the Municipality to extend the benefit. We had also the occasion to go through the contents of Annexure-1 whereby the Government has extended the benefit of pay scale by equating the educational qualification of Diploma holders with that of the Degree holders. Even a contention has been urged before us that the government has extended the benefit of the equal pay scale to some person namely Dr. T.Ekka and P. 3 Srivastava. In absence of any policy emanating from the Government to equate the pay scale of the Diploma holder with that of Decree holders, we are of the opinion that the appellants have no wish to claim equal pay with that of Decree holders. Under the aforesaid circumstances, we are not inclined to interfere with the order passed by the learned Single Judge. Accordingly, the L.P.A. stands dismissed. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)