BIHAR AGRICULTURE GRADUATE SER Vs. STATE OF BIHAR

JUDGEMENT

(1.) LETTERS Patent Appeal No. 166 of 1997 and Letters Patent Appeal No. 119 of 1997 arise out of a common Judgment and Order dated, 10th January, 1997 passed in CWJC No. 12050 and 12420 of 1993 respectively whereby the Writ Petitions have been dismissed by the learned Single Judge. These two matters have been heard in detail and the other 16 analogous matters are admittedly dependent upon the outcome of these two Letters Patent Appeals in as much as in those cases the individual Writ Petitioners have sought either the same relief or further consequential reliefs in respect of subsequent pay revisions granted to members of the Bihar Agriculture Service Class II. Hence, all the matters have been heard together and are being finally decided by this common Judgment.

(2.) BEFORE reverting to essential facts which have already been noticed by the Writ Court, it may be useful to indicate at the outset that the controversy between the parties arose on account of alleged non - implementation of the recommendation of the 5th Pay Revision Committee (for brevity "5th PRC"). According to the Writ Petitioners/ Appellants, on account of a Government decision 1423 posts of Agriculture Inspectors and other equivalent posts which undoubtedly belonged to Bihar Subordinate Agriculture Service, were upgraded from pay scale of Rs. 850 -1360, effective from 1st April, 1981, to pay scale of Rs. 1000 -1820 which was the pay scale of the Officers of Bihar Agriculture Service Class II, vide decision of the Cabinet dated, 1st September, 1987 in respect of memorandum of the Agriculture Department, Government of Bihar, dated, 25th August, 1987. The said decision was communicated to the Accountant General, Bihar vide letter of the Agriculture Department dated, 18th September, 1987. For the sake of convenience, unless indicated otherwise, the essential facts and documents have been taken up for consideration from the records of LPA No. 166 of 1997. The aforesaid memorandum, the Cabinet decision and the letter are Annexures 3,4 and 5 to the said LPA. It is further case of the Writ Petitioners/ Appellants that besides upgrading the aforesaid 1423 posts in the higher pay scale, the Agriculture Department of the State of Bihar also issued another Notification dated, 28th January, 1988 (Annexure -6) to the effect that as a result of Government decision dated, 18th September, 1987 upgrading 1423 posts of Agriculture Inspector and equivalent posts, 1423 posts were being merged into the cadre of Bihar Agriculture Service Class II and 1383 incumbents working in Bihar Agriculture Subordinate Service in the pay scale of Rs. 850 -1360 were now being upgraded in accordance with seniority. Decision in respect of other Officers would be taken later. According to the Writ Petitioners/Appellants, the decision dated, 28* January, 1988 by itself was sufficient to cause an increase in the cadre strength of Bihar Agriculture Service Class II by way of merger of the upgraded 1423 posts. However, the Agriculture Department prepared a memorandum dated, 30th March, 1988 which was placed for approval of the Cabinet and the Cabinet accorded its High Court Of Judicature At Patna Versus Ram Kripal Prasad post -facto approval on 12th April, 1988 vide Annexure -8. It is further case of the Writ Petitioners/Appellants that by a Notification dated, 20m March, 1989 (Annexure -9) some other posts were included in the cadre strength of Bihar Agriculture Service Class I and by Notification dated, 23rd June, 1989 (Annexure -10), the upgraded posts were also included in the cadre of Bihar Agriculture Service Class II and although the Notification was sent to the Government Press, Gulzarbagh for publication in the official gazette, it could not be published but for that the Writ Petitioners cannot be blamed or penalized.

(3.) THE Writ Petitioners claimed the replacement scale of Rs. 2200 -4000 on the basis of State Government decision of merger of 1423 upgraded posts in Bihar Agriculture Service Class II and on that basis they started drawing pay in the replacement scale of Rs. 2200 -4000. The matter was examined thoroughly by the Finance Department which came to hold that only the proposal for upgradation of 1423 posts into pay scale of Rs. 1000 -1820 had received concurrence of the Finance Department and the Finance Department had never been given opportunity to examine the proposal for merger of such upgraded posts in Bihar Agriculture Service which is a specially declared State service controlled by the provisions of Bihar Agriculture Service Act, 1982 which authorizes the State Government under Sub -section (b) of Section 2 to add or alter or delete any post in the category of posts in Schedule I by a Notification in the official gazette. According to opinion of the Finance Department, Government of Bihar, the upgraded 1423 posts could not be treated as part of specially declared State services which include Bihar Agriculture Service controlled by the provisions of the aforesaid State Act of 1982. In view of such decision, the Finance Department by Memo No. 314 dated, 22nd January, 1991 approved the replacement scale of Rs. 2000 -3800 only for the 1423 upgraded posts. The Finance Department was of the view that the formal concurrence of Bihar Public Service Commission for entry into Bihar Agriculture Service was also lacking in case of 1423 upgraded posts. As a result, the Agriculture Department, Government of Bihar by Notification dated, 8th February, 1991 deleted the 1423 upgraded posts from Schedule I of Bihar Agriculture Service Act, 1982 (Annexure -11). A copy of the aforesaid Notification was also sent to Government Press, Gulzarbag, Patna for publication in the official gazette.