STATE OF BIHAR Vs. BIHAR VETERINARY ASSOCIATION

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 30.11.2006 passed in Letters Patent Appeal No.886 of 2005 by the Division Bench of the Patna High Court whereby the learned Division Bench has affirmed the order passed by learned Single Judge. Learned Single Judge directed the authorities to grant a pay scale of Rs.8000-13,500/- to the Veterinary Doctors.

(3.) Brief facts which are necessary for disposal of this appeal are that the respondent No.1 is a registered association of Veterinary Doctors employed in the service of Animal Husbandry Department of the State of Bihar and respondent Nos.2 to 9 are the members of the aforesaid association serving in different capacities in the Animal Husbandry Department of the State of Bihar. The respondents herein filed a writ petition in the Patna High Court. The grievance raised in the petition was that the Fitment Committee ignored the terms of reference as contained in the Resolution of the State Government and erroneously recommended the revised pay scale of Rs.6,500-10,500/- for the Veterinarians serving in the basic grade of the Bihar Animal Husbandry Service in place of Rs.8,000-13,500/-. Therefore, it was submitted that the resolution of the State Government dated 8.2.1999 (Annexure-4 to the writ petition ) to the extent that the recommendation has been accepted should be quashed and it was further prayed that the State Government be directed to grant the Veterinarians serving in the basic grade of Bihar Animal Husbandry Service the revised scale of Rs.8000-13,500/- and the scale of pay of Rs.10,000-15,200/-, Rs.12,000-16,500/- to those serving in the Junior/Senior Selection Grade of the Basic entry grade. All these members of the Association are the Veterinarians duly selected by the Bihar Public Service Commission and were appointed as Veterinary Officers to serve the State of Bihar as Veterinary Physician/Surgeon to look after the live-stock of the State. The pay scale of the employees of the State of Bihar has been revised from time to time and the last pay revision was effected in the year 1998. The State Government in consideration of the representations received from various employees Union and Associations to grant their members the Central pay scale and promotional benefits available to the Central Government employees, agreed in principle, to grant its employees the Central pay scale along with promotional benefits which are available to the Central Government employees and the State Government also appointed a Fitment/ Pay Revision Committee to achieve the said purpose. That Committee recommended the Class-I Central Pay scale of Rs.2200-4000/- in the basic grade and Rs.3,000-4,500/- and Rs.3,700-5,300/- in the Junior/ Senior Selection Grade and Rs.4, 100-5,300/- in the supertime selection grade. Thereafter, the State of Bihar issued another resolution on 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 from 1.1.1996. The Fitment Committee considered the claim of the respondents and recommended a pay scale of Rs.6,500-10,500/- for the basic/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/-. Similarly, it was claimed that the pay scales for other promotional posts should be fitted on the basis of the recommendation of the Fifth Central Pay Commission. It was also pointed out that the Fitment Committee in paragraph 2.2.6 of its report has noticed that the recommendation of the Fifth Central Pay Commission to grant higher scale of Rs.2,200-4,000/- to the entry grade of the U.T. Civil/ Police Services has not been accepted by the Government of India. It was also noted by the Fitment Committee in its report that had that been allowed to the Union Territories Civil Services then it would have been possible for the State to grant similar pay scale to Bihar State Administrative/ Police Service in the basic entry grade of the two services. The Fitment Committee in paragraphs 2.2.10 and 2.8.1 of its report recommended the lower scale of Rs.6,500-10,500/- for the basic entry grade of the Bihar Animal Husbandry Service as the said service on comparison was found similar to the other State Services notified in resolution of the State Government dated 28.2.1989. In short, the submission of the respondent-association was that the members of the Bihar Animal Husbandry Service should be granted the same pay scale as is admissible to Indian Veterinary Service i.e. Rs.8,000-13,500/- as recommended by the Fifth Central Pay Commission and granted to the members of the Indian Veterinary Service. It was submitted that the job of the Fitment Committee was only to recommend the pay scale as was being given to the Central Government Employees but instead of that the Fitment Committee recommended a lower pay scale. Learned Single Judge after hearing the parties allowed the writ petition and directed that the Veterinarians serving in the Bihar Animal Husbandry Service should be given the pay scale of Rs.8,000-13,500/- as is being granted to the members of the Indian Venterinary Service on the basis of the parity of the pay scale admissible to the employees of the Central Government. Aggrieved against this order of learned Single Judge, Letters Patent Appeal No.886 of 2007 was preferred by the appellants before the Division Bench of the High Court but without any result. Hence the present appeal.