RAJ MUNI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The prayer of the petitioners in both the writ applications is exactly same and identical as would be evident from paragraph no.1 of both the writ applications relevant portion whereof reads as follows:-

(3.) Learned counsel for the petitioners in support of the aforementioned prayer has invoked the doctrine of "equal pay for equal work" and has sought to explain that both the petitioners were appointed in Bihar Home Guard on the post of Naik/Writer Naik in between 1968 to 1972 and had eventually earned promotion on the post of Hawaldar/Clerk as also Jamadar Head Clerk and finally on the post of Home Guard before superannuating from service on 31.7.2003 in the case of the petitioner Deopoojan Prasad in CWJC No. 8747 of 2012 and petitioner Raj Muni Rai in the case of CWJC No. 8489 of 2012 on 30.6.2009. He has further sought to explain that the pay-scale of the post of Jamadar Company Commander and Jamadar Head Clerk was exactly the same in the 1st, 2nd and 3rd Pay Revision Committee report as implemented by the State of Bihar but from the 4th Pay Revision Committee onward, the pay-scale of Jamadar Company Commander and Jamadar Head Clerk was differentiated by giving higher pay-scale to Jamadar Company Commander in comparison to the Jamadar Head Clerk. It is the case of the petitioners that they being the loser on account of disparity in the pay-scale of Jamadar Head Clerk which they were holding as against the post of Jamadar Company Commander had kept on representing their case both individually as well as through their association. In this regard, they have also relied on a communication of the Special Secretary of the Home Department (Special Branch) dated 3.4.1982 wherein a request was made to the Secretary of the Pay Anomaly Removal Committee for modifying the pay-scale of Jamadar Head Clerk and Jamadar Accountant by enhancing it from Rs. 730-1080 to Rs. 810-1360 as given to Jamadar Company Commander and Jamadar Quartermaster. Learned counsel in this regard has also referred to subsequent communication of the Special Secretary of the Home (Special) Department dated 8.7.2000, wherein, the Home (Special) Department had strongly recommended to the Secretary of the Fitment Appellate Committee for grant of same pay-scale of Rs. 5500-9000 to Jamadar Head Clerk as was given to the Jamadar Company Commander.