BIHAR RAJYA LOK SWASTHYA ABHIYANTRAM VIBHAG KARAMCHARI SANGH ZILA SAKHA, RANCHI Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) Heard Mr. Delip Jerath, learned counsel for the Petitioner and Mr. R.S. Mazumdar, learned Government Advocate for the State-Respondents.

(2.) From a perusal of the Counter Affidavit and as has been stated at paragraph 6 and as will appear from the cause title of this Writ Application also, it is evident that once again it is the Association which has filed this Writ Application. Upon perusal of the Counter Affidavit, it is also apparent that for the same and similar relief, an earlier Writ Application had been filed by the Vice President of the petitioner being CWJC No. 3831 of 1996(R) which was disposed off giving direction to the Respondents to file adequate representation and the Respondents were directed to dispose off the same in accordance with law within a period of 2 (two) months. Since the Respondents did not dispose off the representation, that action led to filing of a Contempt Application, whereafter the impugned order has been passed.

(3.) Upon perusal of the grievances made in the Writ Application, it is evident that one of the principle points of law canvassed is that the Respondents were bound to follow the universally accepted principle of "equal pay for equal work", Which in the facts and circumstances of this case, according to the Petitioner has not been followed. It has further been stated that denial of benefit to one section of employees and giving the same to another set of employees amounts to creating a class within the class, which is neither permissible nor in accordance with law. However, from a perusal of paragraph 10 of the Counter Affidavit, it is apparent that so far as the pay scale with effect from 1.1.1996 is concerned and which has been sanctioned on the recommendation of the Fitment Committee, the State Government has accepted that recommendation in totality and pay scales notified by the State Government vide Resolution dated 8.2.1999 are totally based on the recommendations of the Fitment Committee, The Government has further taken a decision not to interfere with these recommendations. It has also been stated that yet another Committee has been constituted and the employees will have opportunity to plead their cases before said impartial body. Mr. Delip Jerath has submitted that the aforementioned committee which has been referred to in paragraph 11 is headed by a Sitting Judge of the Hon'ble Patna High Court that cannot have any binding effect on the State of Jharkhand. In that view of the matter it is desirable that the matter be remanded to the Secretary, Public Health Engineering Department, Government of Jharkhand to look into the matter and pass an order in accordance with law. The Secretary, if he so chooses, may move the Government for constitution of a similar committee as referred to in paragraph 11 of the Counter Affidavit and the Government may consider the desirability of setting up such a Committee. In order to facilitate the passing of an order in accordance with law, the Petitioner is given liberty to file a fresh representation before the Secretary. Public Health Engineering Department, Government of Jharkhand, Ranchi within a period of 2 (two) months from today. Upon receipt of such representation, the Secretary may, himself deal with the matter or if by that time the said Committee is constituted, he shall immediately transmit the same to it for purposes of passing an order in accordance with law.