1. State of Bihar and its Officers aggrieved by the order dated 26th of March, 1996 passed by a learned Single Judge in CWJC No. 6090 of 1992, have preferred this appeal under Clause 10 of the Letters Patent. By the impugned order the learned Single Judge had directed that Basic Health Workers be placed in the same scale of pay as that of the Auxiliary Health Workers.

2. Petitioner No.1-Respondent No. 1 herein is a Union of the Basic Health Workers and petitioner Nos. 2 and 3-respondent nos. 2 and 3 herein are its President and General Secretary and working as Basic Health Workers. Qualification prescribed for appointment as Auxiliary Health Worker is passing of matriculation examination and two years training. Its scale of pay at the relevant time was Rs. 240-396/-. In the year 1974 post of Basic Health Workers were created. Qualification for appointment for this post was passing of the matriculation examination with Science in second division and after selection the candidate was required to undergo ten and half months intensive training. Its scale of pay was Rs. 220-315/-, i.e. lower than the scale of pay of Auxiliary Health Workers i.e. Rs. 240-396/-.

3. Alleging that Basic Health Workers and Auxiliary Health Workers perform same functions, the Association of Basic Health Workers and their Office bearers filed writ application claiming parity in pay with Auxiliary Health Workers.

4. It was averred by the writ petitioners that though the training of Auxiliary Health Workers were for two years but under the crash programme of the Government of India the Basic Health Workers were given training for ten and half months and the entire syllabus was completed during the short period. Thereafter according to the writ petitioners, examination was taken and only the successful candidates were appointed to the post of Basic Health Workers.

5. According to the writ petitioners the attention of the Pay Anomaly Committee was drawn to the anomaly between scale of pay of Auxiliary Health Workers and Basic Health Workers but the Committee while submitting its report in 1984 did not advert to this anomaly and the report is silent on that.

6. Association of Basic Health Workers in the year 1985 represented before the State Government to grant its members the same scale of pay as that of Auxiliary Health Workers. On the basis of the aforesaid representation the State Government in the Department of Health submitted a memorandum for consideration by the 5th Pay Revision Committee recommending that scale of pay of Basic Health Workers be made equal to Auxiliary Health Workers. While doing so, it observed that qualification for appointment of Basic Health Workers is passing of matriculation examination with Science in second division with ten and half months incentive training programme whereas that of Auxiliary Health Workers is simply matriculate with two years training programme. Memorandum sent for consideration of the 5th Pay Revision Committee went on to say that the qualification for appointment of Basic Health Workers is higher than Auxiliary Health Workers and both perform same nature of work. Fifth Pay Revision Committee considered the memorandum of the Health Department and finding no justification to treat Basic Health Workers equal in the pay scale with that of Auxiliary Health Workers turned down the memorandum. While doing so, the Committee observed that since Basic Health Workers and Auxiliary Health Workers had never been in the same scale of pay, the Basic Health Workers should not be given the pay scale of Auxiliary Health Workers.

7. Association of the Basic Health Workers thereafter agitated the matter before the Pay Anomaly Removal Committee. It considered the grievance of the Basic Health Workers and in paragraph 13.67.5 has observed as follows:

"13.67.5. Besides these Associations several memorandums have come from individual B.H.Ws. or their local details of which needs not be stated here. The main points raised