GIRISH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED Advocate Mr. Shiv Kumar appearing for the appellants is not present on call. This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 21st June 2006 passed by the learned single Judge in C.W.J.C. No. 6707 of 2005. The appellants-writ petitioners are the Skilled Artisans appointed in Upendra Maharathi Shilp Anusandhan Sansthan under Department of Industries of the State of Bihar. The appellants claim parity of pay with those of the Skilled Artisans (Handicraft).

(2.) THE appellants claimed that since 1961 several Pay Commissions had recommended a higher pay for Skilled Artisans. In the year 1996 the State Government revised the pay scale of its employees. Under the said pay revision, Skilled Artisans were considered inferior to Skilled Artisans (Handicraft) in the matter of pay scale. THE demand raised by the appellants was considered by the Fitment Committee constituted by the State of Bihar and also by the Fitment Appellate Committee constituted for the same purpose. THE report of the Fitment Appellate Committee is on record of the writ petition. THE Fitment Appellate Committee considered the demand raised by the writ petitioners and rejected the same with specific observation that in case Skilled Artisans satisfy the State Government that they were similarly qualified as Skilled Artisans (Handicraft), they may be allowed corresponding higher pay scale of Rs.4000-6000. THE Fitment Appellate Committee specifically observed that the appellants had not been able to satisfy the Committee; nevertheless, the aforesaid liberty was granted to the appellants. We have perused the averments made in the writ petition; the report of the Fitment Appellate Committee (Annexure-9 to the writ petition); various orders made by the State Government since the year 1951 which are on record. We have noticed that since inception there were several categories of Artisans placed in different pay scales. Though upward revision of pay scales is made time and again the said distinction has been maintained until the year 2005. In the year 2005 the State Government decided to unify the cadres of Skilled Artisans and several such cadres into three different categories in Class III service. THE Skilled Artisans and the specially Skilled Artisans have been unified in one cadre in the pay-scale of Rs.3050-4590, a scale below the pay scale of 4000-6000 provided for the Skilled Artisans (Handicraft) and Senior Skilled Artisans etc.