STATE OF BIHAR Vs. SANJAY KUMAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and the respondents in both the appeals. In both the appeals, the writ petitions have been allowed and the appellants have been directed to grant scale of pay as recommended by the Fitment Appellate Committee.

(2.) The anomalies in fixation of pay scales and the consequent agitation strike by Government employees led to an agreement dated 7.5.1999. This agreement was signed by the Chief Secretary, the Finance Commissioner, the Chief Minister and the Finance Minister on behalf of the State authorities, and the representatives of the employees-Union along with other officers on 7.9.1999. It was resolved that for removal of anomalies, a committee shall be constituted of a sitting High Court Judge and whose recommendations shall be implemented notionally with effect from 1.1.1996 but effectively from 1.4.1997. The recommendations of this Committee shall then be implemented by the State Government within a maximum period of six months. The recommendations of the Committee shall be final and binding upon both sides.

(3.) It was on this agreement that the strike of the employees was called off. Then followed a resolution dated 15.1.2000 of the State Government in the Department of Finance by which a sitting Hon'ble Judge of this Court, Hon'ble Mr. Justice Aftab Alam (as His Lordship then was) was constituted as the Appellate Fitment Committee.