IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3121 of 2009 BIJAY NARAIN SINHA & ANR Versus THE STATE OF BIHAR & ORS ----------- 2 06.03.2009 Heard counsel for the petitioners and counsel for the State. The grievance of the petitioners can be better appreciated if the prayer made in this writ application is taken into account which reads as follows:- I. Issuance of writ in the nature of certiorari for quashing the Order contained in Memo no. 864 dated 12.02.08 to the extend of granting the pay scale of Rs. 12,000- 16,500/- in place of appropriate higher scale of Rs. 14,300-18,300/- under second Promotion under the ASSURED CAREER PROGRASSIVE SCHEME Rules, 2003 (as amended) on the ground that next higher post to the post of Deputy Director (Ground Water) in the post of Director, Carrying the pay scale of Rs. 14,300-18,300/-. II. Issuance of writ in the nature of Mandamus commanding the Respondents to grant the second promotion/up- gradation of scale under ASSURED CAREER PROGRESSIVE SCHEME(ACP) Rules, 2003 (as amended) in the pay scale of Rs. 14,300-400- 18,300/- with due date at par with decision of the State of Jharkhand to the similarly situated person vide letter no. 1344 dated 29.04.2008 thereby implementing the verdict of the Hon’ble High Court in letter and spirit and to prevent discrimination and gross disparity of pay-scale. III. Issuance of further declaration that granting the pay scale of Rs. 14,300-400- 18,300/- to the Assistant Engineers Junior to the Petitioners and working as Subordinate to the Petitioners and denying the same to the higher post holders is - 2 - totally arbitrary and illegal and demoralizing to the senior officials particularly the difference of salary between the Controlling Officer and Subordinate has now grown to massive difference to the extent of the Subordinates Assistant Engineers are now drawing around Rs. 15-20,000 more than their Controlling Deputy Directors under the new pay revision making the gap wider on the ground that the second promotion/up-gradation even prior to the pay revision was already in the pay scale of Rs. 14,300-18,300/- of the Assistant Engineers. IV. Issuance of further declaration that next post higher than the post of Deputy Director is the Director carrying the pay scale of Rs. 14,300 to 18,300/- and as the up-gradation of scale under ASSURED CAREER PROGRASSIVE SCHEME ASSURED CAREER PROGRESSIVE SCHEME has to match and correspond to the next higher post only in 12/24 years period from the first appointment, the second promotion/up-gradation under the ASSURED CAREER PROGRESSIVE SCHEME for incumbents already in the pay scale of Rs. 10,000-15,200/- shall logically be in the pay scale of Rs. 14,300- 18,300/- and as such no special scale can be coined created other than those already prescribed for the higher post of Director.” On the own showing of the petitioners, they had already moved the competent authority for redressal of their grievance after the notification was issued on 12.2.2005 whereafter they were given benefits under the Scheme of Assured Career Progressive (A.C.P.). The grievance of the petitioners as to the entitlement of higher pay scale therefore, in the light of the facts mentioned in - 3 - the representation filed by them before the competent authority as contained in Annexure-13 series, needs to be first adjudicated by the competent authority namely, the Secretary of the Minor Irrigation Department. That being so, this Court would give liberty to the petitioners to file fresh individual self contained representation before the Secretary, Minor Irrigation Department, bringing all the materials at one place and inclosing all the evidences to support their individual claim for the pay scale under the ASSURED CAREER PROGRESSIVE SCHEME (A.C.P) or any other reliefs relating to the higher pay scale within a period of two months from today. In case, such a representation is filed, the said Secretary, will consider the same and pass a reasoned order within a period of four months from the date of its filing. It goes without saying that if the petitioners are found entitled for higher scale of pay, the monitory benefit thereof will also be paid to them in next one month. This application is disposed of with the aforementioned liberty. Bibhash (Mihir Kumar Jha, J.)