IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13793 of 2008 NAND KISHOR SHARMA, SON OF LATE LAXMI NARAIN SINGH, RESIDENT OF MOHALLA HOUSE NO. 412A, GALI NO. 23, NEHRU NAGAR, P.S. PATLIPUTRA, DISTRICT PATNA. ------ PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE AGRICULTURE PRODUCTION COMMISSIONER-CUM-SECRETARY, AGRICULTURE DEPARTMENT, BIHAR, PATNA. 3. THE DIRECTOR OF AGRICULTURE, BIHAR, PATNA. 4. THE JOINT DIRECTOR OF AGRICULTURE, (PLANT PROTECTION), BIHAR, PATNA. (MITHAPUR FARM). ------ RESPONDENTS For the petitioner :- Mr. Murari Narain Choudhary, Advocate Mr. Vijay Kumar, Advocate For the State :- Mr. Ashok Kumar Choudhary, Advocate Mr. Anil Kumar Tiwary, A.C. to S.C. 13 ----------- 3 13.5.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner was appointed as a Plant Supervisor in the Agriculture Department. He was subsequently promoted to the post of Plant Production Inspector. The main grievance of the petitioner is that he should be getting a higher pay scale than what he has been receiving at present. In support of the aforesaid fact, learned counsel for the petitioner relies on a gazetted notification (Annexure-2) Clause 4 of which provides that 75% of the posts of Plant Production Inspector would be filled up by direct recruitment and 25% of the said 2 posts would be promotional post in the said cadre. The qualification required for direct recruitment is a graduate degree in agriculture whereas the qualification required for being promoted to the post of Plant Production Inspector is 10+2 or a diploma course in the subject. On the basis of the aforesaid fact, the petitioner claims that since he has been promoted to the post of Plant Production Inspector, he will be entitled to the equivalent scale granted to those persons who came by direct recruitment. Counsel for the State on the other hand refers to the resolution of the Finance Department contained in Annexure-A to the counter affidavit. The Finance Department has fixed the pay scale of the officers in the Agriculture Department. The schedule of the resolution would show that Plant Production Supervisor would be getting the scale of Rs. 580-860, the scale of Plant Protection Inspector is Rs. 850-1360 and the scale of Plant Protection Inspector (Non Agrinomist) is Rs. 785-1210. Obviously the replaced scale would also be admissible. 3 From the aforesaid schedule, it is clear that a distinction has been made between persons who hold degree in agriculture and those who had a lower qualification of holding diploma in agriculture or having passed 10+2. The distinction made between the scales granted for the same posts is based on the educational qualification and as such this Court does not find that it is unreasonable or discriminatory to grant two pay scales to persons holding the same post. In the result, this writ application is dismissed. Sanjay ( Sheema Ali Khan, J.)