LETTERS PATENT APPEAL No.688 OF 2006 Against the judgment/order dated 13.7.2006 passed by the learned single Judge in CWJC No. 7087 of 2002. 1. THE STATE OF BIHAR THRU THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA 2. THE FINANCE COMMISSIONER-CUM-SECRETARY, FINANCE DEPARTMENT, OLD SECRETARIAT, PATNA. 3. THE SECRETARY, ANIMAL HUSBANDRY AND FISHERY DEPARTMENT, NEW SECRETARIAT, VIKAS BHAWAN, PATNA………………………………RESPONDENTS-APPELLANTS. Versus 1. SATI KANT MISHRA , S/O LATE SHRI KANT MISHRA, R/O FLAT NO.25, SHRI KUNJ APARTMENT, BUDDHA COLONY, P.S. BUDDHA COLONY, PATNA- 1…………………………………..PETITIONER-RESPONDENT 1ST SET 2. THE ACCOUNTANT GENERAL, BIHAR, BIRCHAND PATEL PATH, PATNA……….RESPONDENT-PROFORMA RESPONDENT 2ND SET. ----------- For the appellants:- Sri Rana Bhupendra Narain Singh, AC to SC-X For respondents:- Sri R.N. Mukhopadhaya, Advocate Sri Alok, Advocate ----------- P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA Shiva Kirti Singh & Birendra Prasad Verma, J.J. Heard learned counsel for the appellant and learned counsel for Respondent No.1, who was writ petitioner and has been granted relief by the writ Court by the order under appeal dated 13.7.2006 passed in a writ petition bearing CWJC No. 7087 of 2002. 2. A perusal of the order under appeal shows that no one appeared on behalf of the State of Bihar and other official respondents when the writ petition was taken up for consideration. The order further shows that in spite of permission granted by the Court on 4th of July, 2002, no counter affidavit had been filed by the State. - 2 - 3. In those circumstance, the writ Court considered the facts pleaded in the writ petition and has allowed the prayer of the writ petitioner that he was also entitled for replacement scale of Rs.16400-20,000/- as granted to the Directors in other departments of the State of Bihar. 4. The writ Court has noticed the basic fact that Director in various departments of the Government of Bihar were in the pay-scale of Rs.5100-6300/- but while revising the pay-scale the Director, Dairy Development was fitted in a lower scale of Rs.14300-18300/-. Since the petitioner was holding the post of such Director, he was aggrieved on being fitted in a lower replacement scale as compared to that allowed to Directors of other departments. 5. For such apparent discrimination which was not explained by the respondent-State in any manner, the writ Court had no option and therefore it allowed the writ petition with a direction to fit the writ petitioner in the pay-scale of Rs.16,400-20,000/- w.e.f. 1st January, 1996 and to grant him the benefit of such entitlement within three months. 6. The State of Bihar and its officials have preferred this appeal to challenge the aforesaid order on the ground that they have acted as per recommendation of the Fitment Committee according to which the three posts of Director in the department of Animal Husbandry and Fisheries Department which include the post of the writ petitioner, Director, Dairy Development are to be fitted in the revised scale of Rs.14,300-18,300/- only. There is no denial that the Directors in other departments were given higher replacement scale of Rs.16,400- 20,000/- Not a single fact has been whispered in the memorandum of appeal nor - 3 - any document has been annexed to show as to validity or existence of any reason to discriminate the Directors of the Animal Husbandry and Fisheries Department vis-à-vis Directors of other Departments. 7. Mere bald assertion that the appellants have acted on the basis of recommendations of experts and the Fitment Committee cannot help the appellants where there is a direct challenge to their decision on the ground of violation of principle of equality. Even after knowing the writ petition has been allowed on the ground of hostile discrimination, the appellants have failed to give any material to justify different treatment to the petitioner vis-à-vis other Directors. Since he was also getting the old scale of Rs.5100-6300/- as the other Directors and since no reasons or materials have been produced by the appellants to justify different treatment for the post of Director, Dairy Development, we find absolutely no good reason to interfere with the order of the writ Court. This appeal is, therefore, dismissed. 8. There shall be no order as to costs. Patna High Court The 12th of July, 2010 AFR/Md. Perwez Alam. ( Shiva Kirti Singh, J. ) (Birendra Prasad Verma,J.)