IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9434 of 2010 1. Saba Asghar S/O Md. Khursheed R/O Marga Ghat, Gaya, At Present Posted As Clerk At Sub-Divisional Office, Sherghati (Gaya) 2. Ashok Kumar S/O Late Kamaldeo Singh R/O Vill.- Pandeygangout, P.O. Phuldih, Distt.- Nawada. At Present Posted As Clerk, Bodh Gaya Block, Distt.- Gaya 3. Chandardeo Prasad S/O Late Rambhajan Prasad R/O Vill.- Ghosi, P.S. Ghosi, Distt.- Jehanabad. At Present Posted At Mohanpur Block, Distt.- Gaya Versus 1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna 2. The Principal Secretary, Rural Development Department Govt. Of Bihar, Old Secretariat Patna 3. The Principal Secretary, Finance Department 4. The Commissioner, Magadh Pramandal, Gaya Distt.- Gaya 5. Member Secretary Pay Anomely Committee, Biswasaraiya Bhawan, Bailey Road, Patna 6. The District Magistrate, Gaya, Distt.- Gaya ---------------------------------- For the Petitioners:- Mr. Dinu Kumar, Adv. Mr. Shiw Kr. Prabhakar, Adv. For the State:- Mr. Ravi Verma, Adv. ------------------ 4. 01.12.2011 Heard learned counsel for the petitioners and the State. The petitioners are stated to be employed as Clerks in the National Rural Employment Programme at the District Colletorate, Gaya. Their grievance is with regard to non consideration for grant of 1st and 2nd A.C.P. in the scale of Rs. 5000- 8000/- and 5000-9000/- respectively based on their pay scale of Rs. 4000-6000/-. It is next submitted that Clerks employed under the Social Security 2 Scheme in the District Collectorate drawing the same pay scale as the petitioners have been given first and second A.C.P. in the pay scale that is being claimed by the petitioners. Other clerks in the District Collectorate drawing the same pay scale are also receiving A.C.P. in the scale claimed. Counsel for the State submits that some of the petitioners have been granted first A.C.P. in the scale of Rs. 4000-6000/-. The matter is pending consideration with regard to the others and for second A.C.P to all. The grant of pay scale is a fiscal matter. The Secretary, Department of Finance is party respondent no. 3. The respondents had a duty to assist the Court in rendition of justice. The least that the Court may have expected was that a proper counter affidavit should have been filed by the Finance Department rather than a non committal affidavit by the District Magistrate, Gaya. The respondents acknowledge that the petitioners are drawing pay in the scale of Rs. 4000-6000/- and that first A.C.P. has been granted to some of the petitioners. What financial benefit by enhancement of the pay has accrued in what pay scale is not disclosed in the counter affidavit. The contention is 3 that the claims of the petitioners involved policy matters to be decided by the State. More the reason that the authorities of the State already impleaded as party respondent should have assisted the Court for final adjudication and closure of the controversy rather than to prolong the same. The petitioners are stated to have represented before the Pay Anomaly Committee on 24.1.2009 before filing the writ petition. Neither their representation evoked response nor the respondents agreed to assist the Court appropriately. Mandamus is issued to the Pay Anomaly Committee to take a final decision reasoned and speaking in nature dealing with all aspects of the discussion as contained in the present order inclusive of any other grounds that the petitioners may urge in any supplemented representation and dispose it disclosing full application of mind with transparency so that judicial review, if necessary is facilitated. Let it be so done within a maximum period of four months from the date of receipt/production of a copy of this order. Needless to State that if the respondents find justification in the claim or in any part of the claim, necessary consequential orders and 4 implementation thereof shall be done simultaneously without awaiting another round of litigation. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)