STATE OF BIHAR Vs. SURENDRA KUMAR AMBASTHA

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna is directed against the judgment and order dated 27.6.2014 passed in C.W.J.C.No. 22597/2012, whereby the writ petition has been allowed and the writ petitioners have been found entitled to replacement scale of Rs.8000-13500 with effect from 1.1.1996 under 5th Pay Revision together with interest @ 8% per annum on the arrears as found admissible.

(2.) The facts essential for disposal of the appeal briefly stated is that a writ petition was filed on behalf of 16 petitioners in the cadre of Bihar Jail Service (Junior Branch) for replacement scale of Rs.8000- 13500 on the basis of recommendation made by the 5th Pay Revision Commission as endorsed by the Fitment Appellate Committee and implemented by the Finance Department in its resolution No. 238 dated 11.2004. While some of the writ petitioners were appointed in the scale of Rs.1000-1820 vide appointment order dated 31.3.1986 at Annexure 1 to the writ petition, there are others who were appointed in the revised scale under 4th Pay Revision Commission of Rs.2200- 4000 as manifest from the notification dated 6.11.1995, 1.6.1993, 29.11.1988 and 8.1990 all forming part of Annexures 1 series to the writ petition. There is no dispute that these petitioners were appointed in the Junior Branch of the Bihar Jail Service Cadre which carried a pre-revised scale of Rs.1000-1820. The pay scale was revised under the 4 th Pay Revision Commission to Rs.2200-4000/-. It is again not in dispute that all the appointments in question were made until 31.11995. This date become relevant because the 5 th Pay Revision was enforced with effect from 1.1.1996 in the State of Bihar though financial benefits were to be given from 1.4.1997.

(3.) The State Government in the process of implementation of the 5 th Pay Revision Commission, appointed a Fitment Committee for postwise recommendation as to the scales of pay to be applied departmentwise and postwise. It is taking note of the Fitment Committee recommendations that the Finance Department through resolution No. 660 dated 8.2.1999 at Annexure- A to the counter affidavit of respondents no. 2, 4 and 5 filed at the stage of writ petition and Annexure-B to the present appeal resolved that the existing scale would mean the scale held by the employee as on 1.1.1996 in a substantive capacity. It is not in dispute that all the writ petitioners were appointed in the Junior Branch of the Bihar Jail Service Cadre which carried a pay scale of Rs.2200-4000 as on 1.1.1996. The revised pay scale was to be made effective from 1.1.1996 and as already stated the actual payments were to be made from 1.4.1997. Such stipulations are present at paragraphs 1 and 3 of the resolution dated 8.2.1999. paragraph</i> 12 of the resolution talks about fixation of pay on promotional post or on need based post. According to the resolution, while the Superintendent of District Jail was recommended a revised pay scale of Rs.6500-10500 as against the existing pay scale of Rs.2200-4000, the Superintendent of Central Jail was recommended the revised pay scale of Rs.8000-13500 in place of existing pay scale of Rs.2400-4150.