IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4098 of 2001 DR. NAWAL KISHORE VERMA & ANR Versus THE STATE OF BIHAR & ORS. For the Petitioners : M/S Ashutosh Ranjan Pandey, Ajay Kumar Sharma(JC to AAG-III), Advocates. For the Corporation : Mr. Awadesh Kumar, Advocate. ----------- 7. 17.7.2008. Heard learned counsel for the petitioner and the State. 2. Petitioners are the Homoeopathic Doctors. They have been complaining to this Court right from the years 1994 that they have not been allowed the correct scale by their employer and in this connection they filed C.W.J.C. No. 8571 of 1994 which was disposed of under orders dated 30.11.1995 as contained in Annexure-14. The operative portion whereof is quoted hereinbelow: “In that view of the matter, this writ petition is disposed of by directing the Joint Secretary, Urban Development Department, Bihar, Patna(Respondent No.2) to take a final decision within a period of eight weeks from the date of receipt/production of a copy of this judgment about the extension of the benefit of the recommendations of the 3rd, 4th, and 5th Pay revision Committee to the petitioner in the light of the observations made in this judgment. It is also made clear that while taking final decision in the matter, respondent No. 2 will also take into consideration the pay scale recommended by the Pay Anomaly Committee for Homoeopathic Doctors, namely, Rs. 2200- 4000/- with effect from 1st January, 1986. It is, however, made clear that such pay scale has been recommended for the degree holder. Respondent No.2 will examine whether the petitioners are degree - 2 - holders and whether the benefit of such recommendation of the Pay Anomaly Committee can be extended to them.” 3. In the light of the aforesaid order of this Court dated 30.11.1995, Annexure-14, the State Government considered the claim of the petitioners under letter dated 25.9.1997, Annexure-15 observing that there is no anomaly in respect to the scale admissible to the Homoeopathic doctors and the petitioners not being degree holders cannot be allowed the pay scale admissible to the degree holders and directed the local body (Mahnar Municipality) where the petitioners were serving to take a decision in regard to the pay scale admissible to them in the light of the observations contained in letter dated 25.9.1997. 4. The authorities of the Mahnar Municipality thereafter took decision in the matter in the light of the recommendation of the Pay Revision Committee and allowed the petitioners the scale of Rs. 400-600/- with effect from 1.10.1980, scale of Rs. 580-860/- with effect from 1.4.1983 and scale of Rs. 1200-1800/- with effect from 1.1.1986 and sought the approval of the State Government under letters dated 20.7.1999 and 8.2.2000 contained in Annexures- 18 and 19 and the State Government under instructions dated 3.1.2001, Annexure-23 again reiterated the same position which was indicated in the letter dated 25.9.1997, Annexure-15 that it is the local body where the petitioners are serving has to take a decision in regard to scale admissible to the petitioners in the light of recommendation of the Pay Revision Recommendations and also reiterated the fact that - 3 - the petitioners cannot be allowed the pay scale of the Graduate Doctors as they are Diploma Holders. It is against instructions dated 3.1.2001, Annexure-23 the petitioners have come to this Court once again. 5. Learned counsel for the petitioner assailed the instructions of the Government dated 25.9.1997, Annexure-15 and 3.1.2001, Annexure-23 on the ground that the said decision is contrary to the decision of the State Government itself taken in the case of similarly situate homoeopathic Doctor, T. Ekka who was allowed graduate scale in compliance of the orders of this Court dated 23.2.1993 passed in C.W.J.C. No. 350 of 1993(R) and the petitioners should also be allowed the same scale which was allowed to Doctor Ekka. 6. State Respondents have opposed the prayer and submitted with reference to the averments made in the counter affidavit that the homoeopathic doctors are allowed pay scale of Rs. 400-600/-, Rs. 580-860, Rs. 1200-1800/- with effect from 1.10.1980, 1.4.1983 and 1.1.1986 respectively and if Doctor Ekka has been allowed higher scale than the aforesaid scales then that may be a mistake and error and this court should not in exercise of writ jurisdiction direct the State Respondent to grant scale contrary to what has been recommended by the Pay Revision Committee and accepted by the Government. 7. In the light of the terms of reference approved by the State Government to allow Central Pay Scale to its employees, this - 4 - Court set aside the decision of the Fitment Committee and the consequential resolution of the State Government not to grant Central Pay Scale to the Veterinarians of the Bihar Animal Husbandry Service and directed the State Government to grant Central Pay Scale to the Veterinarians of the Bihar Animal Husbandry Service as the State of Bihar itself had issued another resolution dated 2.1.1998 and agreed in principle to allow the Central pay scale along with Central service conditions to its employees and an agreement to this effect was signed between the State Government and the Gazetted Officers Federation and State Secretariat Employees’ representatives and accordingly, a Fitment Committee was constituted to make recommendations for revision of the Pay scale of the State Government employees at par with the Central Government employees whose pay scales were revised on the basis of the recommendations of the Fifth Central Pay Commission with effect from1.1.1996. The Fitment Committee considered the claim of the respondents and recommended a pay scale of Rs. 6,500-10,500/- for the basis/entry grade of the Bihar Animal Husbandry Service. This was not acceptable to the association and it was submitted that the recommendations of this Fitment Committee was contrary to the pay scale recommended by the Fifth Central Pay Commission which recommended grant of higher scale of pay of Rs. 8,500-13,500/- to the Veterinarians of the Indian Veterinary Service in the basic grade. Therefore, the Veterinarians serving in the basic grade in the State of Bihar should also have been fitted in the pay scale of Rs. 8,000-13,500/-. The aforesaid direction of this Court, although - 5 - affirmed by the Division Bench of this Court was set aside by the Hon’ble Supreme Court in the case of State of Bihar and Ors Versus Bihar Veterinary Association and Ors. 2008 AIR SCW 1920 observing as follows :- “Therefore, the Fitment Committee after taking into account the conditions obtaining in the State of Bihar and the duties which are being discharged by the Veterinarians and other services vis-à-vis the services in the Central Government has worked out a balancing work and recommended the pay scale of Rs. 6,500-10,500/- after looking into various evidence which have been produced before the Fitment committee. Therefore, it was not proper to have disturbed this finding nor was it correct on the part of the learned Single Judge as well as the Division Bench of the High Court to have interfered with the same. If the courts start disturbing the recommendations of the pay scale in a particular class of service then it is likely to have cascading effect on all related service which may result into multifarious litigation. The Fitment committee has undertaken the exercise and recommended the wholesale revision of the pay scale in the State of Bihar and if one class of service is to be picked up and granted higher pay scale as is available in the Central government then the whole balance will be disturbed and other services are likely to be affected and it will result in complex situation in the State and may lead to ruination of the finances of the State. Therefore, interference by the learned Single Judge as well as the Division Bench of the High Court with the recommendation of the fitment Committee was not warranted.” - 6 - 8. In the light of the observations of the Hon’ble Supreme Court, I direct the employer Mahnar Municipality to allow the petitioners the scale of Rs. 400-600/- with effect from 1.10.1980, scale of Rs. 580-860 with effect from 1.4.1983 and scale of Rs. 1200- 1800/- with effect from 1.1.1986 which is the scale recommended by the Pay Revision Committee and accepted by the State Government for the homoeopathic doctors as is evident from Paragraph-22 of the counter affidavit filed on behalf of the State and with these observations and directions this writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)