SATI RAMAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India and petitioners, who are Field Supervisors in the Soil Conservation Department of the State Government seek writ of certiorari to quash the report of 5th Pay Revision Committee with regard to revision of pay scale of Field Supervisors. The petitioners further pray for a mandamus commanding the respondents to fix the petitioners' pay in the scale of Rs. 1500A to 2750/- as has been made applicable to the similarly situated persons in Bother Government departments and in Sone Command Area Development Agency.

(2.) On the constitution of the 4th Pay Revision Committee the petitioners Association submitted a memorandum contained in letter No. 71, dated 22-6-1978 praying therein for higher pay and also for promotion. The petitioners lament the Pay Revision Committee did not consider their legitimate claim and thereby the pay scale of supervisor was fixed in the lowest scale of pay even below surveyor. The Pay Revision Committee recommended the revised scale of Rs. 535/- to 765/- for Field Supervisors. It is pertinent to note that according to 3rd Pay Revision Committee the pay scale of Field Supervisor was higher than the pay scale of surveyors. The anomaly was created, for the first time, in the 4th Pay Revision Committee's report.

(3.) The petitioners being aggrieved by the discrimination and arbitrariness in the matter of fixation of their pay submitted a representation before the Secretary, Pay Anomaly Removal Committee through their Chairman. The representation was forwarded vide letter No. 1302, dated 9-6-1982 of the Director, Soil Conservation, Bihar, Patna (Annexure 7) who also pointed out the anomaly done in the case of the petitioners and recommended in scale of Rs. 730/- to 1080/-. The Anomaly Removal Committee was requested to rectify the anomaly.