High Court dismissed the writ petition seeking pay-scale parity for State Examining Officers, holding that such claims are for the Pay Commission and not adjudicable by writ courts.
Writ petition disposed with liberty as above.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12323 of 2016 =========================================================== 1. Dr. Sharda Nand Singh S/o late Lal Bihari Singh Resident of Flat No. 83/84, Officer's Flat, New Punaichak , Patna 23 Presently Posted as State Examiner of Questioned Documents, in Police Laboratory CID Bihar, FSL Building Bailey Road, Patna.
.... .... Petitioners
Versus
.... .... Respondents
===========================================================
Appearance : For the Petitioners : Mr. Chandra Mohan Singh, Advocate For the Respondents : Mr. Vivek Prasad, GP-7 Mrs. Manisha Singh, AC to GP-7
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT
Patna High Court CWJC No.12323 of 2016 dt.17-11-2016
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Date: 17-11-2016
Heard counsel for the petitioners and counsel for the
State.
The petitioners had filed a writ application earlier which was disposed of with a direction for consideration by the Principal Secretary, Department of Finance, Government of Bihar. The issue was what is the pay-scale to which the petitioners would be entitled to by virtue of the posts they are holding of State Examiner of Questioned Documents and State Examiner of Finger Prints.
The parity, which the petitioners are looking vis-à-vis the Central Government employees placed similarly, is not an issue, which is being raised or agitated for the first time. Matter came before 6th Pay Revision Commission and thereafter before the Fitment Committee as well. The parity which the petitioners were looking at was not found by these specialized bodies. However, a decision dated 04.03.2014 has come, which is Annexure-3 to the writ application. This decision does not satisfy the petitioners.
On the basis of the previous direction in C.W.J.C. No. 7950 of 2011, the Principal Secretary, Finance, Government of Bihar, has passed a very detailed speaking order placing the entire history of such appointments, issue of parity and the entitlement of pay-scale and came to a considered opinion that nothing more
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beyond Annexure-3 is payable to the petitioners.
Questions of pay-scale and entitlement of an employee to demand and beget a particular pay-scale contrary to a recommendation of a Pay Revision Commission really does not come within the ambit of adjudication of a writ Court. The Hon’ble Apex Court has been of the opinion that these are issues which are best left in the hands of such expert bodies who are better placed to appreciate and hold the claim and the entitlement. The decision rendered in State of U.P. Vs. J.P.Chaurasia, reported in (1989) 1 SCC 121, is a case on the point.
6th Pay Revision Commission has run its life. The 7th Pay Revision has already been implemented by the Central Government for its employees, but the State of Bihar is yet to make up its mind on the issue though some steps have been taken in this direction.
The right forum, therefore, for the petitioners, as to be kind of entitlement of pay-scales should be placed before the 7th Pay Commission as and when it starts functioning. All issues, which are sought to be raised or has been considered and negated, can be considered by said body afresh dispassionately. The Court will not venture to decide the issue of entitlement in the above stated facts as well as the legal position.
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Writ stands disposed of with the liberty above.
(Ajay Kumar Tripathi, J)
Pawan/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 18.11.2016
Transmission N/A
Date
3 issues framed by the court
Whether a writ court has the jurisdiction to adjudicate upon the pay-scale entitlement of State employees in conflict with Pay Revision Commission recommendations.
Whose is the right forum to decide upon the entitlement of pay-scales for State employees.
Whether the High Court can decide the issue of entitlement of pay-scale contrary to the opinion of the Fitment Committee.
Colour shows how this judgement treated each authority
State of U.P. Vs. J.P. ChaurasiaReferred¶28
State of U.P. Vs. J.P.Chaurasia, reported in (1989) 1 SCC 121 · Who else cites this
Dr. Sharda Nand Singh
Jayant Kumar
Ashutosh Kumar
Shakuntala Kumari
Lakhan Lal Singh
Sanjay Kumar
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
