STATE OF BIHAR Vs. BIHAR RAJYA ANKECHAK SANGH

JUDGEMENT

(1.) THE judgment under appeal is so well considered and elaborate, it is not necessary for us to indicate in detail the subject matter in issue. We would, however, try to highlight the submissions as were made before us by the learned Counsel appearing in support of the appeal.

(2.) BEFORE, however, doing so, it is our duty to point out the basic minimum facts which are as follows: On 18th December, 1989, the Government of Bihar in Finance Department passed a resolution and thereby accepted the replacement scales as recommended by the Fitment-cum-Pay Revision Committee and as indicated in Schedule I to the said resolution. Schedule I provided, amongst others, that the existing scale of Rs. 1000-1820 shall be replaced by the scale of Rs. 2000-3800. In addition to that it was provided that in relation to the existing scale of Rs. 1000-1820 there shall be a sub scale of Rs. 2200-4000. By the said resolution, the Government decided that the existing scales of pay for Gazetted and Non-Gazetted posts under the State Government should be revised as shown in Schedule II to the said resolution. In Schedule II to the said resolution, it was provided that the Deputy Controller of Accounts in Audit Section whose existing pay scale was Rs. 1000-1820 shall be entitled to the replacement scale of Rs. 2000-3800 i.e. the original replacement scale and not the sub scale, as provided in Schedule I to the said resolution.

(3.) IT is true that one scale above the revised Senior Selection Grade scale, i.e. the scale applicable to Senior Auditor Grade I, in terms of Schedule-I to the said resolution would be Rs. 2000-3800, but then that was not available in Schedule-II to the said resolution in so far as the writ petitioners were concerned in view of the decision of the Government dated 8th February, 1996. IT must be kept in mind that one scale above shall mean one scale above as available in Schedule-II and not Schedule-I otherwise Clause 11 of the said resolution and, in particular, non-availability of sub scale does not make any sense.