IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12219 of 2006 NATHUN PANDIT son of Late Triloki Pandit resident of village- Khajpura, P S.- Gardanibagh Town and District- Patna (Working as a „Sadar Subedar‟ in the Bihar Veterinary College, Patna). … Petitioner. Versus 1. THE STATE OF BIHAR 2. The Rajendra Agriculture University, Pusa, District- Samastipur, through its Vice-Chancellor. 3. The Vice-Chancellor, Rajendra Agriculture University, Pusa, District- Samastipur. 4. The Registrar, Rajendra Agriculture University, Pusa, Samastipur. 5. The Principal, Bihar Veterinary College, Patna-14. .. Respondents. -------- 4. 30.07.2010 Heard learned counsel for the petitioner, learned counsel for the State as also learned counsel for the University. The prayer of the petitioner in this writ petition reads as follows:- “1. (i) For issuance of an appropriate writ/writs, order/orders, direction/directions, commanding the respondents to revise the pay scale with effect from 1.1.1996 in the light of notification dated 2341 (Sachiva)/ Kri. Patna, dated 31st of July, 2005. (ii) To direct the respondent- authority to release the arrear due from 1.1.96 with all consequential benefits with penal rate of interest as well as the cost of harassment and mental agony.” Counsel for the petitioner with regard to aforementioned prayer would submit that initially the Government had earlier not revised the pay-scale of the 2 post held by the petitioner as „Sabar Subedar‟ while making revision of pay scales of other posts of the University and when during the pendency of this writ petition such revised pay scale was provided as Rs.3050- 4590 the same was not a true replacement of his earlier pay scale of Rs. 1200-1800 as a result whereof he was paid the entire arrear in revised pay-scale of Rs. 3050- 4590 in place of Rs. 4000-6000. Counsel for the petitioner would in this context draw attention to paragraph 4 of the reply affidavit to contend that the petitioner infact was entitled for revised pay-scale of Rs.4000-6000/- but the Government had given a reduced revised pay-scale of Rs.3050-4590/- which was wholly unjust. The main contention of the petitioner therefore is that since he was drawing the salary in the pay scale of Rs.1200-1800/-(pre revised), its replacement alike for other posts having same pay scale should have been Rs.4000-6000/- and not Rs.3050-4590/-. This Court on examination of the earlier pay scale of Rs. 1200-1800 for various posts would find that in the pay revision made by the State Government either by providing the pay scale of Rs. 3050-4590 or Rs. 4000- 6000 based on the consideration of qualification and job 3 requirement. It is not only in the case of the petitioner drawing his salary in the pay scale of Rs. 1200-1800 has been fixed in the revised pay-scale of Rs.3050-4590/- rather the Government in large number of posts of the University having its earlier pay-scale of Rs.1280-1800/- has also replaced it by a revised pay-scale of Rs.3050- 4590. In fact, no case of discrimination has also been pleaded much less made out by the petitioner either in the writ petition or in the rejoinder affidavit. Counsel for the State and the University on the other hand correctly submit that revision of pay scale is a job of expert and unless it is shown that such revised pay-scale is grossly arbitrary and/or discriminatory the same cannot be interfered by this court in exercise of power under Article 226 of the Constitution. In the opinion of this Court, there can be no mechanical replacement of pay scale by the State Government for all and sundry by providing a revised uniform pay scale of of Rs.4000-6000/-. It has to be appreciated that alike the post of Subar Subedar a post held by the petitioner even the post like Cattle Production Assistant, Field Investigator, House Sardar having an identical pre- revised pay scale of Rs. 1200-1800 have been provided 4 with a revised pay scale of Rs. 3050-4580 where as posts of having requirement of higher entry qualification or some sort of job expertise such as Senior Artist, Assistant, Lab Assistant, Typist, Electrician and many more having the same pre-revised pay scale of Rs. 1200- 1800, they have been provided with the revised pay scale of Rs. 4000-6000. From the categorization of post made by the State Government for the University it becomes clear that unskilled category and skilled category have been kept in tow separate compartments and that is absolutely rational and legal. It has to be also kept in mind that the petitioner has already accepted the benefit of revised pay-scale by getting the arrears of Rs. 72,793/- paid to him way back in the year 2006 soon after filing of the writ petition. Thus once the petitioner has accepted the said payment in the revised pay-scale of Rs.3050-4590 unconditionally he now cannot be allowed to challenge the same. That being so, there is no merit in this writ application and is, accordingly, dismissed. kanchan/ (Mihir Kumar Jha, J.)