SHYAM PRASAD CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition by seven employees of the Bihar State Cooperative Land Development Bank (in short the Land Development Bank) has been filed in representative capacity for a direction upon the respondents, in sum and substance, to give them the pay parity with the Secretariat employees of the State Government while implementing the recommendations of the 5th Pay Revision Committee as accepted by the State Government vide resolution no. 6021 dated 18.12.89 of the Finance Department.

(2.) THE case of the petitioners is that the employees of the Land Development Bank were treated at par with the Secretariat employees of the State Government in the matter of pay scales since 1981. But while implementing the revised pay scales, after the 5th Pay revision, lower scales have been allowed to them. The petitioners are Section Officers and Assistants and the case has been argued with reference to the pay scales of these two posts. According to the petitioners, after the 4th pay revision, the Section Officers of the Land Development Bank were allowed the scale of Rs. 880 -1510 at par with the scale of Section Officers in the secretariat and, wise the scale of Rs.785 -1210 was allowed to the Assistants at par with their counterparts in the secretariat. They have been granted, respectively, the sacle of Rs. 1640. -2900 and Rs. 1400 -2600 as against the scales of Rs. 2000 -3500 and Rs. 1500 - 2750 allowed to the Section Officers and Assistants in the secretariat. The Registrar, Co -operative Societies, Bihar communicated the approval of revised replacement scales in the light of the recommendation of the 5th Pay Revision Committee to the employees of the Apex/State level Co -operative Societies and other Co -operative Societies with effect from 1.4.91 vide letter no. 13/ BISCOMAUN -032/91 -6064 dated 2.8.91. According to the petitioners, under Rule 33 of the Bihar Co -operative Societies Rules, 1959, the Registrar, Co -operative Societies is competent to fix the scales of pay etc. of the employees of a registered Society and in that view, the direction of the Registrar is binding on the concerned Co -operative Societies. As a matter of fact, pursuant to the said letter dated 2.8.91 an office order was issued by the Administrator of the Land Development Bank vide memo no. 290/Adm. dated 3.8.91 implementing the replacement scales recommended by the 5th Pay Revision Committee at par with the equivalent post under the State Government. However, another office order was issued allowing lower scales than the scales of the corresponding posts on 4.12.91 vide memo no. 6072. The case of the petitioners is that the nature of their duties and functions are the same as their counterparts in the secretariat of the State Government and therefore on the principle of equal pay for equal work they are entitled to the same scale of pay. They were accordingly always treated at par with the Government employees since 1981. In any case, in view of the above said decision of the Registrar, Co -operative Societies dated 2.8.91 which is binding on the concerned Co -operative Societies including the Land Development Bank, the action of the respondent -Bank in granting lower scale of pay must be held to be arbitrary and set aside.

(3.) SHRI J. P. Shukla, learned counsel for the Land Development Bank pointed out that pursuant to the 4th pay revision common scales of pay had been allowed to Government employees irrespective of the office/establishment to which they belonged. The 5th Pay Revision Committee however suggested different scales of pay for the employees of the Secretariat and attached offices, High Court, Legislature Secretariat and Public Service Commission describing them as common categories. The pay scales for the common categoriesemployees were mentioned in schedule -ll of the resolution while the pay scales of the general employees were mentioned in schedule -1. The scale of pay of Rs. 1500 -2700 (in the case of Assistants) and Rs. 2000 -3500 (in the case of Section Officers) has been granted only to those working in the Secretariat and its attached offices, High Court, Legislature Secretariat and Public Service Commission. Other Government employees have been allowed the scale of Rs. 1400 -2600 (in the case of Assistants) and Rs. 1640 -2900 (in the case of Section Officers). The petitioners have been allowed the same very scale and therefore they cannot contend that they have been granted lower scale of pay than the Government employees.