BRAJESH BHUSHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners want quashing of the letter dated 22.10.2007 which is a communication from the Department of Finance, Government of Bihar under the signature of the Deputy Secretary, to the Registrar General, Patna High Court, conveying the decision of the State Government that the request of the High Court for merging the post of Junior Translator and Translator and giving them a pay scale of Rs. 5,500-9,000/- has been rejected by the State.

(2.) In exercise of powers under Article 229 of the Constitution of India the Hon'ble Chief Justice of the High Court appointed a committee of 5 Hon'ble Judges to make recommendations with regard to the pay-scales of the employees of the High Court in light of Rule 25 of the Patna High Court Officers and Staff (Condition of Service and Conduct) Rules, 1997. The 5-Members Committee made its recommendation which was accepted by the Hon'ble Chief Justice and the said recommendation came to be forwarded to the State of Bihar as would be evident from perusal of Annexure-3 to the writ application. Most of the recommendations were accepted and implemented by the State Government but it is non-implementation of the recommendation relating to the cadre of translators of the High Court that we are concerned with.

(3.) The recommendation with regard to the translators of the High Court was to merge the post of Junior Translator and Translator into one and give them pay-scale of Rs. 5,500-9,000/-, which was to be at least at par with the assistants working with the State Government. Since the State Government did not accept this part of the recommendation, Petitioners pleaded discrimination and irrationality on the part of the State since other recommendations had been accepted and implemented.