IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B. BAJANTHRI, ARUN KUMAR JHA, JJ.
Parshuram Jha S/o Late Rajendra Jha – Appellant
Versus
The State of Bihar – Respondent
Letters Patent Appeal No. 1339 of 2018, Civil Writ Jurisdiction Case No. 4311 of 2015
Decided On : 25-02-2023
Service Law-Pay Scale-Entitlement to benefits of 5th and 6th pay revision of employees of Nagar Panchayat at par with other employees of State Government-Urban Development and Housing Department, which is over all supervisory and controlling body over Nagar Panchayat, issued certain directions regarding implementation of 5th and 6th Pay Revision Commission to employees of such Nagar Panchayat, subject to their capacity to bear financial burden arising out of it-If Government has issued directives after taking a resolution, it appears harsh on employees of Nagar Panchayat/Municipal Bodies that benefit of pay revision had been kept pending for years though said benefits were extended to Government employees vide respective resolutions taken in year 1999 and in year 2010-On the ground of lack of fund, employees of municipal bodies could not be left in lurch-However, claim of appellant for grant of benefits of 5th Pay Revision was already rejected by a Single Judge vide Order dated 27.08.2014-Appellant could not re-agitate the same matter before this Court in another writ petition so far as grant of benefit of 5th Pay Revision Commission is concerned-However, appellant found entitled to benefits of 6th Pay Revision with effect from 01.01.2006. (Paras 12, 15, 16 and 17)
JUDGMENT :
ARUN KUMAR JHA, J.
1. Heard learned counsel for the appellant and learned counsel for the respondents.
2. The present L.P.A. is directed against the judgment dated 13.08.2018 passed in CWJC No. 4311 of 2015 by the learned Single Judge of this Court whereby and whereunder the civil writ petition filed by the appellant has been dismissed.
3. In the writ petition, the appellant-petitioner has sought following relief:
“(A) For quashing of the order dated 26.09.2012 of the Nagar Panchayat Dumra Presided by the Chairman, Nagar Panchayat Dumra whereby the decision had taken to grant Vth Pay Revision Scale with effect from October, 2012, mentioned at Agenda No. 11 under the proceeding of the General Meeting of the Nagar Panchayat Dumra, held on 26.09.2012, instead of with effect from 01.01.1996 under the Rule and Circulars of the Government of Bihar which is payable with effect from 01.04.1997.
(B) For granting of Vth Pay Revision Scale effective from 01.01.2006 of the employees of Nagar Panchayat Dumra including the petitioner as per the Rule and Circulars of the Government of Bihar which is also applicable to the autonomous bodies of employees.
(C) For granting of arrear of salary after sanctioning of the Vth and VIth Pay Scale effective from 01.01.1996 and 01.01.2006 respectively with consequential monetary benefit thereon to the petitioner who is now retired employees of the Nagar Panchayat Dumra, Sitamarhi from the post of Clerk-cum-Cashier after his successful service tenure about 36 years in the Nagar Panchayat Dumra, District-Sitamarchi (Bihar).
(D) For any other relief or reliefs to which the petitioner found entitled for from the concerned Respondents No. 9 and 10.”
4. Brief facts of the case are that the appellant was appointed on the post of Clerk and he joined in the office of the Sitamarhi Municipality Notified Area, Dumra on 12.07.1976 and later on Dumra Notified Area was converted into Nagar Panchayat, Dumra, which was an autonomous body under the control of Ex-Officio Chairman, Sub-Divisional Officer, Sadar, Dumra at its own pay scale. The employees of such local bodies had been facilitated the equivalent pay scale similar to the State Government employees vide memo dated 29.06.1990 issued by Under Secretary, Nagar Development and Housing Department, Bihar, Patna and, accordingly, the appellant was granted old pay scale w.e.f. 01.01.1986. The State Government vide its notification dated 24.08.1990 further extended the same facilities to employees of local body on par with government employees. When the State Government accepted the recommendation of 5th Pay Revision to its employees with effect from 01.01.1996 and had granted its monetary benefit with effect from 01.04.1997, the appellant filed a representation dated 10.01.1998 before the Sub-Divisional Officer-cum-Chairman, Dumra Notified Area for granting 5th Pay Revision Scale alike the Bihar State Government Employees with effect from 01.01.1996, but no action has been taken. When the employees of the Government of Bihar had again been granted 6th Pay Revision Scale and the appellant was working in the old pay scale granted to him w.e.f. 01.01.1986, being aggrieved, he again filed a representation dated 15.06.2009 before the Executive Officer, Nagar Panchayat, Dumra, Sitamarhi for granting 5th and 6th Pay Revision Scale with effect from 01.01.1996 and 01.01.2006, but again no action was taken on it and remained pending. Thereafter, the appellant again filed a representation dated 11.01.2012 for granting him 5th and 6th pay revision scale before the Executive Officer, Nagar Panchayat, Dumra, Sitamarhi as he was due to retire from service on 31.01.2012, but all in vain. On 26.09.2012, the issue of grant of 5th and 6th pay revision was placed before the Board, the then Nagar Parishad, Sitamari, who in turn resolved to extend the facility of 5th pay revision with effect from 01.10.2012 and as such the facility of 5th pay revision to the employees of the local body (
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