BIHAR JUDICIAL SERVICES ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the relief in the form of stepping up of pay of the Additional District and Sessions Judges, to be on par with that of their juniors, is prayed for. Briefly stated, the facts are that the petitioners have been promoted to the post of Additional District and Sessions Judge and have been placed in the pay scales as per the relevant provisions of law. Some of the Subordinate District Judges, who are juniors to the petitioners, did not get promotion for quite some time. They were extended the benefit of assured career progression (hereinafter referred to as the A.C.P.) on completion of five years of service in the same cadre. They were promoted as Additional District Judges at a later point of time.

(2.) The Government of Bihar as well as the Patna High Court filed counter affidavits. The gist of their contention is that the State of Bihar framed a set of Rules in the year 2003 in exercise of power under Article-309 of the Constitution of India providing for the extension of benefit of A.C.P. and Clause-6 thereof made it abundantly clear that in case the extension of benefit of A.C.P. results in anomaly of a senior in the same cadre drawing lesser pay than the junior, the former shall not be entitled for stepping up of pay.

(3.) Heard Shri Rama Kant Sharma, learned Sr. Advocate and Shri Rajesh Kumar, learned counsel for the petitioner, Shri Satyabir Bharti, learned counsel for Patna High Court, Shri A.N. Deo, S.C. 26, Mr. P.K. Verma, A.C. to S.C.26, learned counsel for respondent No.1 and Shri Madhuresh Prasad, learned counsel for the Accountant General, Bihar.