MUNMUN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Lata Sachindra Kumar, learned counsel for the Petitioner and counsel for the State.

(2.) Learned counsel for the Petitioner has highlighted that when there was a conscious Government decision to adopt the pay-scale of employees of corresponding rank of Central Government for the State Government employees, the Petitioner holding the post of Senior Sister Tutor, could not have been deprived of the fixation of pay-scale as being paid to the Senior Sister Tutor in the Central Government. In this context, he has placed reliance on a number of documents enclosed with this writ application as also the report of the Fitment Committee in paragraph No. 38.22.9 to show that in the Government of India, the pay-scale of staff for the category of Senior Sister Tutor was Rs. 2000-3200/- (pre-revised) and Rs. 6500-10500/- (revised) and as such, the decision of the State of Bihar to place the Petitioner and other Senior Sister Tutor in the scale of Rs. 1640-2600/- (pre-revised) and Rs. 5000-8000/- (revised) is wholly arbitrary.

(3.) There is no counter affidavit on behalf of the Respondents but then the learned counsel for the State on the basis of materials on record would try to justify such Government decision as with regard to the grant of pay-scale to the post of Senior Sister Tutor. He has sought to explain that there is a basic difference in the setup of the nursing cadre in the State Government as against the one which is prevailing in the Central Government.