TRIBHUWAN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE grievance of the petitioner in this case boils down to his demand for replacement pay scale of Rs. 4500 -7000 as a consequence of revision of his pay scale with effect from 1.1.1996 as per the 6th Pay Revision Committee Report. The said demand of the petitioner is solely on the ground that one Ram Charitra Mahto, who was also Senior Mechanic Grade -I in the Department of Road Construction was granted with replacement scale vide Annexure -9. From Annexure -9 it appears that Ram Charitra Mahto was in pre -re -vised scale of Rs. 1400 - 2600 which was revised to Rs. 4500. -7000.

(2.) LEARNED counsel for the petitioner submits that the petitioner was also holding the post of Senior Mechanic Grade -1 in the Road Construction Department. He was also in the pre -revised pay scale of Rs. 1400 -2600. Therefore, his case was identical to Ram Charitra Mahto as mentioned in paragraph -23 to the writ petition. Therefore, he also ought to have been given the revised scale of Rs. 4500 -7000. The petitioner has also cited one more example of Ram Niwas Singh in paragraph - 23. itself, who was also given same revised pay scale i.e. Rs. 4500 -7000 in identical situation. A counter affidavit has been filed in this case but there is no denial in the counter affidavit with regard to grant of revised pay scale of Rs. 4500 -7000 to those two persons. The only averment which has been made in the counter affidavit in respect of pleading in paragraph -23 of the writ petition is that said Ram Charitra Mahto was in different division.

(3.) BEING posted in different division cannot make the incumbent liable for differentiation in revision of pay scale, specially when it is not denied that said Ram Charitra Mahto and Ram Niwas Singh also worked as Senior Mechanic Grade -l under Road Construction Department, who were earlier in pre -revised scale of Rs. 1400 -2600. If upon revision of that pay scale they were put in the revised pay scale of Rs. 4500 -7000, there cannot be any justifiable reason for placing the petitioner in the lower revised pay scale of Rs. 4000 - 6000.