IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7137 of 2004 1. DR.DIP NARAIN RAM S/O LATE RAM NATH RAM R/O 270 PATLIPUTRA COLONY, PATNA-13 AT PRESENT RETIRED DIRECTOR AGRICULTURE,BIHAR 2. PUSHPAJIT NARAYAN GHOSH S/O LATE KRISHTI MOHAN GHOSH R/O 1/30 VIVEKANAND MARG, PATNA-13 AT PRESENT RETIRED DIRECTOR AGRICULTURE RESEARCH INSTITUTE,PATNA 3. RAMANAND SAHAY S/O LATE KAMALA KANT SAHAY C/C3 PEOPLE’S CO-OPERATIVE COLONY, KANKARBAGH, PATNA-20 AT PRESENT A RETIRED DIRECTOR AGRICULTURE, RANCH. 4. DR. MADAN MOHAN PD. SHRISVASTAVA S/O LATE GANGA PD. R/O A. ROAD, NOTH SRIKRISHNAPURI, PATNA-13 AT PRESENT A RETIRED DIRECTOR AGRICULTURE, BIHAR, PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE AGRICULTURE PRODUCTION COMMISSIONER-CUM-SECY., DEPTT OF AGRICULTURE, GOVT. OF BIHAR 2. THE COMMISSIONER-CUM-SECY. CABINET SECRETARIAT AND CO- ORDINATION DEPTT. GOVT. OF BIHAR, PATNA 3. THE COMMISSIONER-CUM-SECY. FINANCE DEPTT, GOVT. OF BIHAR, PATNA 4. THE A.G., BIHAR BEER CHAND PATEL PATH, PATNA—---------- -------------------------------RESPONDENTS ----------- For the Petitioners: Dr. M.P.Shukla, Advocate For the State: Mr. S.Arshad Alam, SC-4 Mr. F.Ali Ahmad,AC to SC-4 For A.G.Bihar: Mr. L.P.K.Rajgrihar, Addl. Standing Counsel ---------- 3 26.7.2010 Heard learned counsel for the parties. Claim of the present petitioners is that they are entitled to replacement pay scale of Rs. 16,400-20,000/- on the post of Director, Agriculture instead of Rs. 14,300- 18,300/- as per the recommendation of Fitment Appellate Committee, applicable from 1.1.96 but payable from 1.4.1997. The initial pay scale recommended by the Pay Revision Committee for the post of Director, Agriculture was not readily accepted by these petitioners and so was the case of some other employees as well. The Government due to agitational path taken by the employees notified the constitution of Fitment Appellate Committee headed by a Judge of Patna High Court. The - 2 - notification in terms of reference indicated that the parties would abide by the recommendations of the Fitment Appellate Committee. The report came and the recommendation of the Fitment Appellate Committee was replacement Scale of Rs. 16,400-20,000/-. Despite such a recommendation the Government resiled from the decision and refused to grant benefit by accepting the recommendation. That has compelled the petitioners to approach the High Court by filing the present writ application. A counter affidavit on behalf of the Agriculture Department has been filed stating that the matter of grant of replacement pay scale is to be decided by the Finance Department and the Agriculture Department has not role to play. No counter affidavit on behalf of the Finance Department has been filed. The Court fails to understand the silence on behalf of the Finance Department in this regard. By way of rejoinder application petitioners has brought on record copies of two orders passed by learned Single Judge as well as a Division Bench. These are orders in similar circumstance where recommendations made by the Fitment Appellate Committee were not implemented and they had to approach the High Court. Annexure-9 is the order passed by learned Single Judge and annexure-10 is the order passed in appeal filed by the State of Bihar. In both these cases the Court had held that the State was bound by the recommendation made by the - 3 - Fitment Appellate Committee and they were obliged to implement the recommendation. In absence of any serious challenge made by the State in this Court and keeping in view of the two decisions which have been brought on record, this writ application is allowed with a direction upon the respondents to grant replacement scale of pay as per the recommendation of the Fitment Appellate Committee for the post of Director, Agriculture. This writ application is allowed with the above direction. RPS (Ajay Kumar Tripathi,J.)