SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. R.N. Mukhopadhyay, learned Counsel appearing for the petitioners and learned J.C. to Govt. Advocate No. 5.

(2.) THE petitioners seek a direction upon the respondent authorities to provide them the revised pay scale of Rs. 5500-9000/- with effect from 1.4.1997 as has been provided to similarly situated class-III employees, who were appointed pursuant to a Common Combined Competitive Examination of the Graduate Standard Examination, particularly taking into account that the juniors to these petitioners are being provided the said pay scale of Rs. 5500-9000/-. THE petitioners represent various class-III employees working in different Departments of the State. THE petitioners and others have been recruited on the basis of a Common Competitive Examination and thereafter appointments were made from 7.8.1988 onwards to the year 1990. Subsequently another 3rd Graduate Level Recruitment Examination was held from which further appointments were made in the year 1996 till the year 2000. It is stated that on the basis of the said examination as many as 16 Graduate Supervisor posts were filled up which are as follows:

(3.) CONSIDERING the same and the general principle of service jurisprudence, the Fitment Appellate Committee rightly observed that it had not examined whether or not the posts in question are of similar nature and carry the same kind of responsibilities and further made it clear that still it would be open to the State Government to make a reappraisal of all the posts in question and if reappraisal report is justified to fix different pay scales for different posts. But such a revision of pay scales would only be prospective and would only apply to the fresh recruits to those posts. It was further observed that in case different pay scales are to be sanctioned for the different posts, the Government will have also to change the process of recruitment to be made on the basis of different examinations or on merit -cum- choice basis if made on the basis of a common examination. The report of the Fitment Appellate Committee in this regard, however, has not been accepted by the State Government and the State Government insists upon giving higher pay scales to the Labour Inspector/ Labour Enforcement Officer on the basis of the principle of central equivalence adopted by it during the 6th Pay Revision.