LAWS(PAT)-2015-7-3

SANJAY RAM AND OTHERS Vs. STATE OF BIHAR

Decided On July 07, 2015
Sanjay Ram And Others Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE nine petitioners in this writ application are holding the post of Dispensers at various places of District Tuberculosis Centres. They are aggrieved because the Principal Secretary, Finance, Government of Bihar has passed an order in terms of the previous direction issued in CWJC No.18004 of 2011 rejecting the plea of the petitioners to grant them pay scale of Rs.4000 - 6000 instead of Rs.3050 - 4590. In other words, this is the second visit of the petitioners seeking some kind of relief, which has been denied by a speaking, well considered, decision of the Principal Secretary, Finance.

(2.) THERE are not many areas of dispute on facts.

(3.) A serious effort has been made by the learned counsel representing the petitioners especially on the basis of the pleadings made in paragraph 10 of the writ application as to when and how the discrepancy arose to the detriment of the petitioners. The previous Bench hearing the previous writ application disposed of the writ application for consideration by the Director - in - Chief, Health Services where the matter remained pending despite hearing and opportunity given to the petitioners. When nothing came out of it, a contempt application bearing MJC No.211 of 2014 was moved. The Director -in - Chief, Health Services took a plea that such decisions are required to be taken by the Finance Department. This is how the impugned order contained in Annexure - 6 came into existence.