MANJU KUMARI SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IT is alleged that the petitioners were appointed in the pay-scale of Rs.1400 2600/- at the time of their initial appointment pursuant to the advertisement, but, later on, the scale was revised @ Rs.5000 8000/-. Again by annexure-5 the said pay scale of Rs.5000 8000 was allowed to the Assistants having the qualification of B.Sc. with Diploma and rest of the Laboratory Assistants who were not having the the degree of B.Sc. with Diploma were allowed to get the pay scale of Rs.4500 7500 only.

(2.) THE learned counsel for the petitioners contended that the initial advertisement did not contain such demarcation regarding the pay scales and later on, the Fitness Committee also did not discriminate the petitioners as has been done by the Sate Government by the impugned notification. THE learned counsel for the petitioners further contended that the judicial review of the policy evolved by the Government is limited, however, the Court would have to examine whether this decision of the State Government has been based on any expert's report. THE learned counsel further contended that the said report does not reflect the said fact, so the notification is liable to be quashed. THE learned counsel for the State could not demonstrate as to how the decision has been taken by the State Government.