IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10954 of 2004 BIHAR RAJYA KUSTH TAKNIKI KARMchari Sangh, District Branch, East Champaran at Motihari through its Chairman Lal Babu Singh, son of Ram Krit Singh, resident of Mohalla- Balua Tal, Motihari, District- East Champaran at Motihari…. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Finance Department, Government of Bihar, Old Secretariat, Patna. 3. The Secretary, Health Services, Government of Bihar, New Secretariat, Patna. 4. The Director, Health Services, Government of Bihar, New Secretariat, Patna. 5. The Additional Director, Leprosy Wing, Patna. .. Respondetns. ------------- 3. 06.08.2010 Heard counsel for the petitioner. No one appears for the State. The prayer of the petitioner in this writ petition reads as follows:- “(i) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent-authorities to implement the recommendation of the Fitment, Appellate Committee and give the benefit of revised pay-scale of Non-medical Assistant of 4500-7000/- to the members of the petitioner association.” With regard to the aforementioned prayer, learned counsel for the petitioner would straightway draw attention of this Court towards paragraph no. 30.67 of the report of fitment of which reads as follows: “30.67 The Hon’ble High Court had directed the Finance Secretary to take a decision regarding pay scale of Non-Medical 2 Assistant in the earlier scale of Rs.850-1360. The matter has now been examined denove by the Fitment Committee and the Government decided pay scales. However, this Committee feels that a error has been made by the Fitment Committee while drawing conclusions in the paragraph quoted above. If Matriculates have been allowed the scale of Rs.4000-6000/- and Graduates/Diploma in Engineering Rs.5000- 8000 then Non-Medical Assistant, being Intermediates, should be allowed the scale of Rs.4500-7000 and not Rs.4000-6000. Therefore, this Committee recommends upgradation of the scale of the Non-Medical Assistant to Rs.4500-7000.” He would submit that such report was submitted by the fitment committee way back in the year 2002 but the State Government had not taken any decision in the last 10 years. The tragedy is that not only the counsel for the State is not present, but also counter affidavit is not filed in this case. In such a situation, this Court would direct the respondents to take firm decision as with regard to the aforementioned recommendation of the Fitment Committee in respect of non-medical assistant within a period of six months, if not already taken. Let it be, however, made clear that this Court has not gone into the merits of such claim and has only 3 remitted the matter for passing appropriate decision in accordance with law. With the aforementioned observation and direction, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)