IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11807 of 2006 DR.ACHAL KUMAR MISHRA s/o Late Nagendra Prasad Mishra, resident of Qr. No. 06, B.C.E. Campus, P S. Industrial Estate Area, Bhagalpur…. Petitioner. Versus 1. THE STATE OF BIHAR through Chief Secretary, State of Bihar, Patna. 2. The Secretary, Science and Technology, Bihar, New Secretariat, Patna. 3. The Secretary Finance, State of Bihar, Patna. 4. The Director Science and Technology, Bihar, New Secretariat, Patna. 5. The Principal, Bhagalpur College of Engineering, Bhagalpur. 6. The District Accounts Officer, Bhagalpur. 7. Sri Yogendra Prasad Rajak, Lab. Assistant, New Govt. Polytechnic, Patna-13. 8. Sri Suresh Prasad, Laboratory Assistant, Govt. Polytechnic, Patna. 9. Sri Baleshwar Prasad, Laboratory Assistant, Govt. Polytechnic Barauni, Begusarai. 10. Sri Chandra Shekhar Prasad, Laboratory Assistant, Government Polytechnic, Barauni, Begusarai. … Respondents. ------------- 2. 09.08.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ petition reads as follows:- “1. That this, is an application for issuance of appropriate writ/s in the nature of mandamus, order/s, direction/s commanding the respondents to place the petitioner in the central scale of Rs.5000/- to Rs.8000/- with effect from 1.1.96 as the same has already been granted by the respondent authorities to the other similarly situated persons and individual respondents after fixing the current scale of the petitioner and further to pay the arrears of salary to the petitioner along with interest at market rate and further to pass any other order/s deem fit and proper in the facts and circumstances of the case. “ At the outset, learned counsel for the petitioner 2 with regard to the aforementioned relief has submitted that the petitioner would not claim the time bound promotion inasmuch as on 1.1.1996, he had not completed 10 years service. That being so, the writ petition so far it relates to the relief of grant of time bound promotion of the petitioner is hereby rejected. Coming to the last part of the grievance of the petitioner namely fixation of his pay in the revised pay- scale of Rs.5000-8000, the counsel alleges discrimination against the same set of employees by taking a plea that in the revised pay-scale for the post of Laboratory Assistant in the Engineering Colleges of the State of Bihar, there are two categories, namely, those graduate engineer working on the post of Laboratory Assistant were given the pay-scale of Rs.5000-8000 while other graduates holding the post of Laboratory Assistant were given the pay-scale of Rs.4500-7000/- but the authorities in different engineering colleges were not fair in adopting this principle and respondents no. 7 to 10 are those fortunate who despite being simple graduates have been placed in the pay-scale of Rs.5000-8000/-. 3 Such plea of discrimination of the petitioner has been categorically raised in paragraph 5 of the writ petition which reads as follows:- “5. That it is relevant to mention here that in the light of the finance departments notification no. 660/8.2.99 the petitioner is at present working in the scale of rs.4500-7000/- (revised scale of Rs.1400- 2600/-_. It will not be out of place to highlight that a scale of Rs.5000-8000/- has been prescribed to the Lab Assistants having the degree of graduation of Bachelor of Science (B.Sc.) and diploma certificates. Respondent nos. 7 to 10 and other similarly situated persons who have got only Bachelors Degree (B.Sc.) have already been granted 5000-8000/- scale w.e.f.1.1.96 but the petitioner is being arbitrarily deprived from the same although the respondent nos. 7 to 10 have only the degree of B.Sc. which was the basic criteria at the time when the respondents no. 7 to 10 joined services and also at the time when this petitioner joined.” A counter affidavit prepared and still with the counsel for the State would go to show that paragraph 5 of the writ petition was not even sought to be controverted. In such a situation, this Court will have to accept that the respondents no. 7 to 10 despite being simple science graduate were given the benefit of pay fixation of Rs.5000-8000/- whereas the petitioner having 4 the same qualification was denied the benefit of fixation of pay in the aforesaid pay-scale. In such view of the matter, the matter is now remitted to the Principal Secretary, Science and Technology, who now would go to this aspect of the matter and if he finds that others including the respondents no. 7 to 10 have been given the benefit of pay-scale of Rs.5000-8000/- despite being a simple graduate alike the petitioner he would either grant the same to the petitioner or take away such benefit from all such persons who even otherwise in terms of recommendation of pay-revision committee were not entitled to get such pay-scale. It is however made clear that any order adverse to the interest of respondent nos. 7 to 10 would be taken only after issuance of notice and/or extending opportunity of hearing to them. Such exercise must be completed within a period of six months from the date of receipt/production of a copy of this order and if the petitioner is found entitled to the aforesaid pay-scale of Rs.5000-8000/- he would also be paid arrears thereof as was paid to respondent nos. 7 to 10. In the event, the Government 5 will recover the amount from the respondent no. 7 to 10 and would also place them and others back in the pay- scale of Rs.4500-7000/-, the petitioner too will not be entitled for the same. With the aforementioned observation and direction, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)