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PRABHAT KUMAR SINGH
Bihar State Labour Enforcement Officers Association Bihar, Patna Through Its In-Charge Secretary, Sri Rabindra Nath Pandey – Appellant
Versus
State Of Bihar, through the Principal Secretary, Personal and Administrative Reforms Department – Respondent
JUDGMENT :
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
The decisions of expert bodies like the Pay Commission in the matter of pay-scale fixation are not ordinarily subject to judicial review.
The main legal point established in the judgment is the illegality of reducing the petitioner's pay-scale without adhering to principles of natural justice, and the emphasis on equal treatment of emp....
The main legal point established in the judgment is that the error in fixation of pay is to be corrected right from the III Pay Commission fixation and the petitioners are to be promoted to the highe....
Employees are entitled to a higher pay scale after 15 years of service based on government resolutions, irrespective of specific qualifications.
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