PREM LATA SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN course of submissions, learned counsel for the respondent State of Bihar invites attention to Annexure -21 filed by the writ petitioners and points out that the aforesaid annexure is a Notification issued by the State Government of Bihar whereby a decision was taken for revision in the "initial pay  of the employees of the Non -Government Aided Libraries, but with stipulation that such revision is in respect of the initial pay only and the other payment which would include payment towards Dearness Allowance and other allowances etc. should be borne by the Management of the individual libraries.

(2.) LEARNED counsel for the petitioners seeks to clarify that on the basis of the notification issued by the Government of Bihar vide Annexure -21, the petitioners had received their salaries in the revised pay scale till the year 1998. This being the undisputed fact, the State Government of Jharkhand cannot deny that the petitioners were all along entitled to the revised pay scales which was made pursuant to the recommendations under 5th Pay Commission Report.

(3.) THE stand taken by the learned counsel for the respondent State of Jharkhand is virtually identical to the stand taken by the counsel for the respondent State of Bihar with an addition that the remuneration which is payable to the petitioner is not paid as salary. Rather, it is by way of a fixed consolidated amount which is not amenable either to any revision or reconsideration even pursuant to the recommendations of the 5th Pay Commission Report.