JUDGMENT :

PRABHAT KUMAR SINGH, J.

1. 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 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 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, 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 ord