IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5893 OF 2008 MD.AKBAR ALI, SON OF ABDUL RAZZAQ, RESIDENT OF VILLAGE LAKHANUBIGHA, POLICE STATION ASTHAWAN, DISTRICT NALANDA VERSUS 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER –CUM- PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA 4. THE STATE IMMUNIZATION OFFICER, STATE FAMILY WELFARE BUREAU, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 5. THE DIRECTOR, PUBLIC HEALTH INSTITUTE, ASHOK RAJPATH, POLICE STATION PIRBAHORE, PATNA ****** 2 16/05/2011 The petitioner is working as Refrigerator Mechanic in the Health Department. This writ application has been filed for grant of replacement scale of Rs. 4500- 7000/- with effect from 01.01.1996. It is submitted that persons working on the post of Refrigerator Mechanic are getting the said replacement scale in the Department of Animal Husbandry and Fisheries, whereas the petitioner who works in the Health Department has not been granted the said replacement scale. It is, therefore, submitted that there is discrimination with regard to grant of the scale in the different departments of the State Government. I accordingly direct the petitioner to file a detailed representation along with a copy of this order 2 with regard to the grant of replacement scale, grant of annual increment and also grant of Annual Career Progression before the Director-in-chief, Health Services, Government of Bihar, Patna within a period of six weeks from today. The Director-in-chief will consider all aspects of the matter and perhaps ask for a comment from the Department of Animal Husbandry and Fisheries, which is granting the scale of Rs. 4500-7000/- to the Refrigerator Mechanic, before passing a reasoned order within a period of four months from the date of filing of the representation. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )