Udai Pratap Singh, J.

This writ application is for appropriate direction commanding upon the respondents to give the members of the petitioner the same scale of pay of Rs.850-1360 as is given to all Graduate Assistants working in different departments of the State of Bihar pursuant to the recommendation of the 4th pay Revision Committee.

2. The petitioner is an Association of the Non Gazetted ministerial staff of the Patna High Court, Ranchi Bench. They are appointed by a Board constituted by the Hon'ble the Chief Justice of the Patna High Court by inviting applications. The applicant are to appear in a written test and after qualifying at the written test a panel is prepared who are to appear for interview before the Interview Board constituted by the Hon'ble the Chief Justice as Chairman and two of the Hon'ble Judges of the Patna High Court as member and selected for appointment. The minimum qualification for employment in the establishment of the Patna High Court is graduation. The nature of duties of a ministerial staff is to assist the Courts in the administration of justice Keeping in view the special nature of work of the Assistants in the establishment of the Patna High Court, the pay scale of the staff of the High Court had all along been higher than that of the ministerial staff of the State Government. In other establishments of the State of Bihar, namely, Urban Development, Housing Department Town Planning organisation, Welfare, Directorate of Land Acquisition, Rehabilitation, the Assistants were given the pay scale of Rs.335 to Rs.555, Rs.296-423 and Rs.296-460 respectively prior to 1.4.1981, whereas, the members of the petitioner wore given the pay scale of Rs.348-570.

3. The State Government constituted the 4th pay Revision Committee. The said Committee while considering the necessity of revising the pay scale formulated guide line to execute the recommendations and prepare report thereof. They are as under:-

(i) For fixing minimum pay scale the Constitution provide Article 43 for the State Government employees and all the rules and policy of the State Government should be in the guide line of Article 43 of the Constitution;

(ii) To bring uniformity between the lower and higher pay scales by reduction of gap;

(iii) It wall not necessary that pay scale of the employees of the State Government should be prepared according to prevalent pay scale in their sector;

(iv) Equal pay for equal work should be the principle for all appointment of the State Government and that shall be possible only when peon clerk and Assistants etc. which are working in different departments are brought to one class and they shall be made entitled to one pay scale;

(v) All employment be done on merits, in special class of employment and should be higher than the general categories so as to feed the State department with efficient and meritorious staff and in that case only best among the lot can come forward for the appointment;

(vi) To bring uniformity into different pay scales and remove the disparity;

(vii) Increment in the pay scale should be such that it will not in any way affect the development work of the state:

(viii) The incumbent who are getting higher pay scale should not be denied the benefit of the revision of pay scale. It may be that their benefit of increment is lesser in percentage than the persons of the lower pay scale;

(ix) Due importance should also be given while fixing the pay scale and revising it depending on the nature of work and responsibility of the respective services;

4. Its urged on behalf of the petitioner that minimum qualification for assistants in other departments of the State of Bihar is intermediate and 75% of the total appointment is done by Subordinate Service Examination Board or Bihar Public Service Commission, The 4th Pay Revision Committee without considering the importance of the duties and responsibility of the members of the petitioner who were Assistants is the Establishment of the High Court a