IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.511 OF 2006 IN CIVIL WRIT JURISDICTION CASE No. 6707 of 2005 ============================================================ 1. Girish Jha, son of late Raghunath Jha, Gayghat, P.S. Alamganj, Patna-7. 2. Pramod Kumar Murtikar, son of late Rama Pandit, resident of Quarter no.9/c, P.S. Patliputra, district Patna. 3. Chandra Bhushan Singh son of late Harsahay Singh, Quarter no.12/c, Patliputra, P.S. Patliputra, district Patna. 4. Satrughan Choudhary son of late Chandradip Sardar, resident of Sui Ki Masjid Mogalpura, P.S. Mogalpura, Patna City district Patna. 5. Gopal Krishna Gaud, son of late Radha Krishna Bohre, resident of Mahatma Gandhi Nagar, Kankarbagh, P.S. Patrakarnagar, district Patna. 6. Mishri Lal Choudhary son of late Ganesh Choudhary, resident of Sui Ki Masjid Mogalpura, P.S. Mogalpura, Patna City district Patna. 7. Mundrika Ram son of late Shivnarayan Ram, resident of Dujra, P.S. Budha Colony, district Patna. …. …. Petitioners/appellants Versus 1. The State of Bihar through Commissioner cum Secretary, Department of Industry, Government of Bihar, Patna. 2. The Commissioner cum Secretary, Department of Finance, Government of Bihar, Patna. 3. Secretary, Department of Industry, Government of Bihar, Patna. 4. Director, Department of Industry, Government of Bihar, Patna. 5. Director, Upendra Maharathi Institute of Industrial Design, Department of Industries, Government of Bihar, Patna. …. …. Respondents/respondents 6. Surajdeo Prasad son of late Moti Ram, resident of Yarpur Yogiya tola, P.S. Gardanibagh, Patna-1. 7. Praye Mahor son of late Doman Karigar, resident of Kurji, P.S. Digha, district Patna. 8. Prabha Devi wife of Surendra Prasad Tiwary, quarter no.7, Upendra Maharathi Shilp Anusandhan Sansthan, P.S. Patliputra, district Patna. - 2 - 9. Tej Narayan Sharma, son of late Ram Lakhan Sharma resident of mohalla Gay Ghat Gulzarbagh, P.S. Alamganj, district Patna. …. …. Respondents/Respondents ============================================================ Appearance : For the Appellants : None For the Respondent : Mrs. Namrata Mishra, G.P.-17 and Mr. Abhitabh Kumar, A.C. to G.P.-17 ============================================================ CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Learned Advocate Mr. Shiv Kumar appearing for the appellants is not present on call. This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 21st June 2006 passed by the learned single Judge in C.W.J.C. No. 6707 of 2005. The appellants-writ petitioners are the Skilled Artisans appointed in Upendra Maharathi Shilp Anusandhan Sansthan under Department of Industries of the State of Bihar. The appellants claim parity of pay with those of the Skilled Artisans (Handicraft). The appellants claimed that since 1961 several Pay Commissions had recommended a higher pay for Skilled Artisans. In the year 1996 the State Government revised the pay scale of its employees. Under the said pay revision, Skilled Artisans were considered inferior to Skilled Artisans (Handicraft) in the matter of pay scale. The demand raised by the appellants was considered by the Fitment Committee constituted by the State of Bihar and also by the Fitment Appellate Committee constituted for the same purpose. The report of the Fitment Appellate Committee is on - 3 - record of the writ petition. The Fitment Appellate Committee considered the demand raised by the writ petitioners and rejected the same with specific observation that in case Skilled Artisans satisfy the State Government that they were similarly qualified as Skilled Artisans (Handicraft), they may be allowed corresponding higher pay scale of Rs.4000-6000. The Fitment Appellate Committee specifically observed that the appellants had not been able to satisfy the Committee; nevertheless, the aforesaid liberty was granted to the appellants. We have perused the averments made in the writ petition; the report of the Fitment Appellate Committee (Annexure-9 to the writ petition); various orders made by the State Government since the year 1951 which are on record. We have noticed that since inception there were several categories of Artisans placed in different pay scales. Though upward revision of pay scales is made time and again the said distinction has been maintained until the year 2005. In the year 2005 the State Government decided to unify the cadres of Skilled Artisans and several such cadres into three different categories in Class III service. The Skilled Artisans and the specially Skilled Artisans have been unified in one cadre in the pay-scale of Rs.3050-4590, a scale below the pay scale of 4000-6000 provided for the Skilled Artisans (Handicraft) and Senior Skilled Artisans etc. In view of the above facts, the learned single Judge has dismissed the writ petition. The learned single Judge has observed that no direction can be issued to the State Government to grant specific pay scale to the appellants. The matters relating to fixation of pay scale are in realm of the experts and, for the said purpose, the State Government had appointed a Pay Revision Committee and a Fitment Committee. The Fitment Appellate Committee also - 4 - considered the claim of the appellants but did not recommend the higher pay scale, that is, the scale of Artisan (Handicraft). We do agree with the learned single Judge. In absence of any glaring disparity or discrimination amongst a class of employees the Court exercising power of judicial review under Article 226 of the Constitution would not interfere in the matter of pay scales approved for the employees of the State. The appellants have failed to establish that they were identically situated as Skilled Artisans (Handicraft) and that they were entitled to parity of pay. In absence of such specific case made out by the appellants the claim for parity of pay has to be rejected. For the aforesaid reasons the Appeal is dismissed. The parties will bear their own cost. Patna High Court The 4th January 2011 NAFR/Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)