Bihar State Labour Enforcement ... vs The State Of Bihar And Ors
2023 Latest Caselaw 181 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12122 of 2012
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1. Bihar State Labour Enforcement Officers Association Bihar, Patna Through Its In-Charge Secretary, Sri Rabindra Nath Pandey

2. Ramanuj Brahmchari Son Of Late Shital Singh In-Charge President, Bihar State Labour Enforcement Officers Association, Bihar, Patna, Resident Of Village and P.O.- Barai, P.S.- Islampur, District- Nalanda, At Present Posted As Labour Enforcement Officer, Bikram, Patna

3. Shankar Dayal Upadhyay Son Of Late Keshvanand Upadhyay Vice President, Bihar State Labour Enforcement Officers Association, Bihar, Patna, Resident Of- 103, Keshav Malti Enclave, Police Colony, Ashiana Road, Patna- 25, At Present Posted As Labour Enforcement Officer, Hilsa Nalanda ... ... Petitioners Versus

1. The State Of Bihar through the Principal Secretary, Personal and Administrative Reforms Department, Old Secretariat Patna

2. The Principal Secretary, Finance Department, Government Of Bihar, Old Secretariat, Patna

3. The Joint Secretary, Finance Department, Government Of Bihar, Old Secretariat, Patna

4. The Principal Secretary, Labour Employment And Training Department, Government Of Bihar, New Secretariat, Patna

5. The Labour Commissioner, Labour Employment And Training Department, Government Of Bihar, New Secretariat, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Arun Kumar Sinha, Advocate For the Respondents : Mr. Kumar Pankaj, AC to SC 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 16-01-2023

Writ petition has been filed for quashing resolution

contained in Memo No. 9803 dated 21.10.2011 (Annexure 9 to the

writ petition) by which direction has been issued for fixation of the

pay of members of petitioners' association, i.e., Labour

Enforcement Officers, in lower pay scale of Rs.5000-8000 in place Patna High Court CWJC No.12122 of 2012 dt.16-01-2023

of present pay scale of Rs.5500-9000 with retrospective effect.

Prayer has also been made for commanding the respondents not to

interfere in any way in present pay scale of Rs.5500/- to 9000 and

to re-fix the same in lower pay scale of Rs.5000/- to 8000.

2. Short facts giving rise to the present writ petition is

that earlier there were 16 different class III posts in the State of

Bihar in its different Departments in different pay scales and

appointments on the posts of Labour Enforcement Officers

(Labour Inspectors at the relevant time) were being done

separately by the Government. However, in 1981 on the basis of

recommendations of 4th pay Revision Committee, a common pay

scale of Rs.850/- to 1360 was allowed the certain graduate

standard posts of the said class III posts including posts of Labour

Inspector and some other graduate standard Class III posts i.e.,

Senior Statistical Assistants, Statistical Assistants, Investigator,

Senior Auditor Grade II etc, were allowed pay scale of Rs.785/- to

1210 only. Later on, after creation of Bihar State Subordinate

Selection Board, it was decided by the State Government to make

appointments on all the aforesaid 16 graduate standard class III

posts of its different Departments through a Combined

Competitive Examination known as "Graduate Standard

Examination" and first such examination was held in 1982 and Patna High Court CWJC No.12122 of 2012 dt.16-01-2023

appointments on the said class III posts of different departments

were done. However, as the persons appointed on the posts on

Senior statistical Assistants, Statistical Assistants, Investigator,

Senior Auditor Grade II etc. were allowed pay scale of Rs. 785/- to

1210 only attached to the post, they raised a grievance on the

ground that as the 16 class III posts of different departments were

equivalent and their appointments were on the basis of same

competitive examination, they were entitled to the same pay scale

of Rs 850/- to 1360. On their representations, matter was referred

to the 4th pay revision anomaly committee and said committee after

considering the facts and circumstances existing at the relevant

time allowed pay scale of Rs.850/- to 1360 to the posts of Senior

Statistical Assistants, Statistical Assistants, Investigator, Senior

Auditor Grade II also.

3. Further case of the petitioners is that in 1985, again

an Advertisement No. 6 of 1985 (Annexure 1 to the writ petition)

was published by the Bihar State Subordinate Selection Board for

appointments on 172 posts of Statistical Department and other post

of different Departments, including posts of Labour Inspectors, in

the pay scale of Rs.850/- to 1360 and posts were filled up in this

pay scale. It is further stated that after acceptance of 4th pay

revision committee recommendations by the State Government, Patna High Court CWJC No.12122 of 2012 dt.16-01-2023

revised pay scale of Rs.850/- to 1360 became Rs.1500/- to 2750.

But on the basis of agreement dated 9.11.1989 held between the

State Government and Bihar State Employees Federation again,

again said 10 posts including posts of Labour Inspector were

allowed pay scale of Rs.1600/- to 2780 and rest 6 posts i.e,. Senior

Statistical Assistants, Statistical Assistants, Investigator, Senior

Auditor Grade II, Senior Audit Officer and Graduate Assistants

were allowed revised pay scale of Rs.1500/- to 2750 only.

4. Writ petitioners further submits that holders of these

six posts again raised their grievances in this regard and the matter

was referred to the 5th pay revision anomaly committee but the

alleged discrepancy in the pay scales was not acceded to by the

committee. Thereafter, the aggrieved parties filed C.W.J.C.No.

8419/1992 which was allowed by the Division Bench vide order

dated 22.9.1993 with a direction to the State Government to grant

pay scale of Rs.1600/- to 2780 to the holders of above said six

posts also. Against the said order, State filed SLP No.4555/1994

which was dismissed by the Hon'ble Apex Court vide order dated

27.10.1994 and then holders of above said six posts were again

allowed pay scale of Rs.1600/- to 2780. It is also the case of the

petitioners that after implementation of recommendations of pay

revision committee, pay scale of Rs.5500/- to 9000 was given to Patna High Court CWJC No.12122 of 2012 dt.16-01-2023

the Labour Enforcement Officers and pay scale of Rs.5000/- to

8000 was given to other 15 posts. However, holders of these 15

posts raised a grievance regarding grant of lesser pay scales before

the Fitment appellate committee which recommended for reducing

the pay scale of the Labour Enforcement Officers from Rs.5500 to

9000 to Rs.5000/- to 8000. Thereafter, some of the employees of

other 15 posts filed C.W.J.C.No. 14243/2004 and other analogous

cases for grant of similar pay scale of Rs.5500/- to 9000 as

allowed to the Labour Enforcement Officers since 1.4.1997. Said

writ petition was allowed vide order dated 13.10.2006 with a

direction to the State Government to grant same pay scale of

Rs.5500/- to 9000 to the holders of above said 15 posts also. Order

dated 13.10.2006 was challenged by the State Government in LPA

No.234 of 2007 which was allowed vide order dated 30.8.2010.

Pursuant to the order 30.8.2010, authorities issued/published

notice in the daily news paper dated 10.11.2010 (Annexure 8) to

the Labour Enforcement Officers with respect to implementation

of scale of Rs.5000/- to 8000 to them in place of Rs.5500/- to

9000.

5. As the notice was materially affecting the right of the

members of petitioners' association, the petitioners filed

representation on 30.11.2010 regarding their entitlement of pay Patna High Court CWJC No.12122 of 2012 dt.16-01-2023

scale of Rs.5500/- to 9000. Petitioners also filed Civil Review No.

349/2010, 43/2011 and 47/2011 against LPA order dated

30.8.2010. However, during pendency of the review petition, vide

circular dated 21.10.2011, order for fixation of petitioners pay

scale was issued in the pay scale of Rs.5000/- to 8000 by the State

authorities. Petitioners challenged said circular dated 21.10.2011

before the Hon'ble Apex court in Writ petition (Civil) No.119 of

2012 which was dismissed as withdrawn vide order dated

30.4.2012. Meanwhile, civil review applications were also

disposed of vide orders 1.2.2012 and 28.3.2012 respectively with

liberty to the petitioners to file writ petition.

6. It is further averred in the writ petition that the parties

of C.W.J.C.No. 14243/2004 and analogous cases as well as LPA

No.234 of 2007 and analogous cases had obtained the judgment

and order dated 30.8.2010 after suppressing the material facts and

without producing the complete report of the Fitment appellate

committee, as also the judgment and order dated 30.8.2010 to the

effect through which direction was issued to the State Government

to select between one of the two pay scales of Rs. 5000/- to 8000/-

or Rs.5500/- to 9000/-, without taking note of the conditions

mentioned in the direction of the Fitment Appellate Committee

regarding reappraisal of all the posts in question for consideration Patna High Court CWJC No.12122 of 2012 dt.16-01-2023

and fixation of the different pay scales for the different posts as

contained in para 2.19 of its report, was not applicable to the

members of petitioners association, specially when observation of

this Court in the judgment and order to select between one of the

two pay scales was issued on the sole ground that the Fitment

appellate committee in its report had recommended pay scale of

Rs.5000/- to 8000/- to different supervisory level posts being

recruited from the same competitive examinations.

7. Petitioners have also filed IA No.4742/2012 for

quashing letter bearing No.5/RL-40-41/12/LS-2605 dated

12.7.2012 (Annexure 13), by which direction for downgrading the

pay scale of members of petitioners association and for recovery

of so-called excess payments of salary made after 21.10.2011, has

been issued. IA No.3 of 2022 has been filed by the petitioners for

issuance of a direction for making re-fixation of pay of the

petitioners in the pay scale of Rs.5500/- to 9000 instead of

Rs.5000-8000 during pendency of the writ petition.

8. Learned counsel for the petitioners, while assailing

circular dated 21.10.2011 submits that action of the respondents

dehors the rules which is wholly illegal and arbitrary in nature. He

submits that that the aforesaid circular has been issued in light of

direction given by the Division Bench of this Court in LPA no.234 Patna High Court CWJC No.12122 of 2012 dt.16-01-2023

of 2007 or in the writ petition bearing C.W.J.C.No. 14243 of 2004

from which the said LPA was arising out. He submits that as a

matter of fact in these cases, neither any Labour Enforcement

Officers of the Labour Department nor their associations were

parties. Further more, said circular has been issued without taking

note of the conditions mentioned in the direction of the Fitment

Appellate Committee regarding reappraisal of all the posts in

question for consideration and fixation of the different pay scales

for the different posts as contained in para 2.19 of its report, which

was not applicable to the members of petitioners association.

9. Learned counsel for the State files counter affidavit. It

is stated that the State Government vide resolution dated

21.10.2011 took resolution dated 21.10.2011 to reduce the pay

scale of Labour Enforcement Officers from Rs.5500-9000 to

Rs.5000-8000 w.e.f. 1.1.1996 in the light of column 2.18, 27.4 &

27.5 (Annexure 6 to the writ petition) of the Fitment Appellate

Committee Report and in compliance of order dated 30.8.2010,

passed in LPA No. 234 of 2007 (the State of Bihar & others Vs.

Sunil Kumar & others and analogous cases) by which the LPA

Court disposed of the appeals directing the respondents concerned

to decide a common pay scale for all 16 similar posts of

Supervisory Grade Services in the light of recommendations of the Patna High Court CWJC No.12122 of 2012 dt.16-01-2023

Fitment Appellate Committee. Being aggrieved by order dated

30.8.2010, passed in LPA No. 234/2007 & analogous cases,

petitioners preferred Civil Review Nos. 349 of 2010, 43 of 2011

and 47 of 2011 which were finally dismissed as withdrawn with

certain liberty vide orders dated 1.2.2012 & 28.3.2012. LPA order

dated 21.10.2011 was also challenged before the Hon'ble Apex

Court vide Writ petition (Civil) No. 119/2012 which was

dismissed as not pressed.

10. Learned counsel for the State further submits that in

light of observations and directions of the LPA order dated

30.8.2010, passed in LPA No. 234/2007 & analogous cases,

Government got took a policy decision vide impugned resolution

contained in 21.10.2011 to provide pay scale of Rs.5000-8000 to

all sixteen supervisory grade posts to avoid any discrimination in

which there is no illegality or infirmity. Besides this, the Fitment

Appellate Committee, on consideration of objections of all stake

holders and all aspects of the matter, recommended one pay scale

for all the sixteen supervisory grade posts including Labour

Enforcement Officers i.e., Rs.5000-8000/- for which they are

legally entitled as per norms of Pay Revision Committee.

11. Having heard learned counsel for the petitioners, the

State and on perusal of the materials available on the record, this Patna High Court CWJC No.12122 of 2012 dt.16-01-2023

Court does not find any merit in the submission of petitioners. In

this case, pursuant to order and decision of this Court, passed in

LPA No. 234/2012 and other analogous cases and after considering

objections and representations filed on behalf of the parties,

respondents took a policy decision vide impugned resolution

contained in letter dated 21.10.2011 to provide pay scale of

Rs.5000/- 8000 to all sixteen supervisor grade posts to avoid any

discrimination. As such, the impugned resolution is justified and

no interference is required by this Court.

                                 12. The        writ petition is devoid of merit and is

                    accordingly dismissed.

                                             (Prabhat Kumar Singh, J)


Shashi
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.1.2023.
Transmission Date