IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11472 of 2006 1. JANARDAN PRASAD son of late Guli Prasad, resident of khaspur House, Mohalla – New Jakkanpur, P S – Jakkanpur, Town and District – Patna. 2. Umakant Singh son of late Bhola Singh, resident of Mohalla – Gulmighat, P S – Sultanpur, Town and District – Patna. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Finance, Govt. of Bihar, Old Secretariat, Patna. 2. The Secretary, Minor Irrigation Department, Govt. of Bihar, Patna. 3. The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 4. The Additional Secretary, Ministry of Finance, Govt. of Bihar, Old Secretariat, Patna. ----------- For the petitioners : Mr. Dhirendra Narain Mallik. For the State : Mr. J P Karn. ---------- 04. 5.8.2010 Irony of the situation is that the respondent State authorities could not file a counter affidavit to a writ application, which came to be filed way back on 15.9.2006, as if four years time has not been enough for the respondents to respond to the writ application of the petitioners. To make it worse the Department of Finance has also not responded to the communication dated 3.12.2007 which was addressed to the Deputy Secretary, Department of Finance, by the Minor Irrigation Department making a request to take a final decision on the question as to what would be the pay-scale available to these petitioners, who are working on the post of Senior Research Assistant under the Minor Irrigation Department. The reason for the petitioners to approach the High Court is that they have been denied pay-scale on the post which has been made available or applicable to other similarly situated employees of the Department of Irrigation or Public Works Department. The petitioners have been given lower pay-scale vis-à-vis their counterparts of other 2 departments. It was in this background that they came to represent their case before the Fitment Committee as well as before the Appellate Fitment Committee. The Fitment Committee had made recommendation to give the same pay-scale to these petitioners as well vis-à-vis their counterparts in other departments with only two riders – (i) provided that the post being held by these petitioners was a promotional post and (ii) that the qualifications for recruitment were identical. It is the case of the petitioners that though these conditions are fulfilled and even the Appellate Fitment Committee in its report has endorsed the higher pay-scale as would be evident from the perusal of the report which has been annexed as Annexure-8 to the writ application. The relevant extract is Chapater-19 and the matter relating to the present petitioners has been discussed in para 19.4 of the said Appellate Fitment Committee. Despite such a recommendation why a final decision has not been taken is not understood by this Court. It is well settled that when recommendations for replacement scale are made by the Pay Revision Committee and even the Fitment Appellate Committee had made its recommendations, then there is an obligation on the State to honour the same. But it is another of those case where the government is dragging its feet for many a years and increasing the burden of the court by litigation. In the above stated circumstances, the writ application is disposed of with a direction upon the Principal Secretary, Finance, 3 Government of Bihar that taking cognizance of the communication contained in letter no. 6150 dated 3.12.2007, which is Annexure-15 to the writ application, he shall take decision on this issue and communicate the outcome thereof both to the Department of Minor Irrigation and these petitioners preferably within three months from the date of receipt/communication of this order. The writ application is disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J.)