JHARKHAND RAJYA LOK SWASTHYA ABHIYANTRAM VIBHAG KARAMCHARI SANGH ZILA SAKHA RANCHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is a registered association of the employees of Drinking Water and Sanitation Department, Government of Jharkhand, Ranchi and it had earlier approached the Patna High Court in CWJC No. 3831 of 1996(R) for directing the respondents to remove the pay anomaly in their pay scales for the post of Pump Operator in the different departments of the Government of Bihar. That writ petition was disposed of without entering into the merit of the claim of the petitioners with a direction to the petitioners to file a detailed representation before respondent no. 3 and respondent no. 3 was directed to dispose of the same within specified time. Thereafter, the contempt petition was filed, which was disposed of in view of the fact that the order had been passed by then Finance Secretary respondent no. 3. As such the contempt proceeding was dropped with liberty to challenge the same (Annexure-2 vide order dated 16.09.1998). The petitioner once again preferred a writ application being C.W.J.C. No. 3701 of 1998(R) which was once again disposed of by remanding the matter to the Secretary, Public Health Engineering Department, Government of Jharkhand to look into the matter and pass an order in accordance with law. It was also observed that the government could constitute a similar committee as constituted by the State of Bihar headed by sitting Judge of the Hon'ble Patna High Court, if they so desire. Thereafter, the impugned order contained at Annexure-7 has been passed by the Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, Ranchi contained in Memo No. 1031 vide order dated 27.02.2004. By the impugned order, the representation of the petitioner for grant of higher scale of pay of Rs. 3050-4590/- and Rs. 3200-4900/- as per the 5th Pay Revision at par with Pump Operators of the Water Resources and Minor Irrigation Department has been rejected.

(2.) It is contention of learned counsel appearing on behalf of the petitioner that the Pump Operators being the member of petitioner's association have all along been enjoying the same scale of pay since their appointments at par with those of the Minor Irrigation Department at the relevant point of time in the scale of Rs. 375-480/- and Rs. 400-540/-. The employees in the Minor Irrigation Department were also getting the scale of Rs. 375-480/-. The employees of the Water Resources Department were also getting the pay scale of Rs. 400-540/- & Rs. 375-480/-. However, at the time of pay revision under the 5th Pay Revision Committee recommendation the scale of pay of the members of the petitioner's association was enhanced to Rs. 825-1200/- and Rs. 800-1150/-. However, thereafter the incumbents to the same post in the Minor Irrigation Department and Water Resources Department were given higher scale of pay of Rs. 950-1400/- & Rs. 975-1540/- as their replacement scale on their representation after removal of pay anomaly. The pump operators of PHED Departments were only granted the scale of Rs. 800-1150/- and Rs. 825-1200/-. The grievance of the petitioner is that from the outset there was no difference in their qualification, nature of their duties, scale of pay which they have been enjoying with that of similarly placed employee in the Water Resources and Minor Irrigation Department. However, by the impugned order, the respondent-Secretary, Drinking Water and Sanitation Department have denied the same purportedly acting upon the advise of the Finance Department, Government of Jharkhand. Therefore, the impugned order is bad in law denying equal treatment to these petitioners with those of similarly situated persons in other department of Government of Jharkhand.

(3.) Learned counsel for the petitioner submits that duty of the pump operators PHED/Drinking Water and Sanitation Departments are more onerous to their counterpart in the other department.