SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(SC) 316

JT 2008 (3) SC 186
IN THE SUPREME COURT OF INDIA
A.K. Mathur & Altamas Kabir, JJ.
State of Bihar & Ors.
Versus
Bihar Veterinary Association & Ors.
Civil Appeal No. 1507 of 2008
[Arising .out of SLP (C) No. 13880 of 2007]
[From the Judgment and final Order dated 30.11.2006. of the High Court of Judicature at Patna in L.P.A. No. 886/2005]
Decided On: 22.02.2008

Advocates Appearances:
Mr. Manish Kumar and Mr. Gopal Singh, Advocates for the Appellants.
Mr. Raju Ramachandran, Senior Advocate, Mr. Akhilesh Kumar Pandey, Mr. Sudhanshu Saran and Ms. Tulika Mukherjee, Advocates with him for the Respondents.

Headnote:

Constitution of India,1950 - Animal Husbandry Service - Administrative Service - Appeal are that respondent is a registered association of Veterinary Doctors employed in service of Animal Husbandry Department of State of Bihar and respondent are members of aforesaid association serving in different capacities in Animal Husbandry Department of State of Bihar - Respondents filed a writ petition in Patna High Court - Grievance raised in the petition was that Fitment Committee ignored terms of reference as contained in the Resolution of the State Government and erroneously recommended revised pay scale – Held, Therefore it was not proper to have disturbed this finding nor was it correct on the part of learned Single Judge as well as Division Bench of High Court to have interfered with the same - If courts start disturbing the recommendations of the pay scale in a particular class of service then it is likely to have cascading effect on all related service which may result into multifarious litigation - Fitment Committee has undertaken the exercise and recommended wholesale revision of the pay scale in State of Bihar and if one class of service is to be picked up and granted higher pay scale as is available in the Central Government then whole balance will be disturbed and other services are likely to be affected and it will result in complex situation in State and may lead to ruination of finances of State - Writ Petition Dismissed

A.K. MATHUR, J.

1. Leave granted.

2. This appeal is directed against the order dated 30.11.2006 passed in Letters Patent Appeal NO.886 of 2005 by the Division Bench of the Patna High Court whereby the learned Division Bench has affirmed the order passed by learned Single Judge. Learned Single Judge directed the authorities to grant a pay scale of Rs.8000-13,500/- to the Veterinary Doctors.

3. Brief facts which are necessary for disposal of this appeal are that the respondent NO.1 is a registered association of Veterinary Doctors employed in the service of Animal Husbandry Department of the State of Bihar and respondent Nos.2 to 9 are the members of the aforesaid association serving in different capacities in the Animal Husbandry Department of the State of Bihar. The respondents herein filed a writ petition in the Patna High Court. The grievance raised in the petition was that the Fitment Committee ignored the terms of reference as contained in the Resolution of the State Government and erroneously recommended the revised pay scale of Rs.6,500-10,500/- for the Veterinarians serving in the basic grade of the Bihar Animal Husbandry Service in place of Rs.8,000/-13,500/-. Therefore, it was submitted that the resolution of the State Government dated 8.2.1999 [Annexure-4 to the writ petition] to the extent that the recommendation has been accepted should be quashed and it was further prayed that the State Government be directed to grant the Veterinarians serving in the basic grade of Bihar Animal Husbandry Service the revised scale of Rs.8000-13,500/- and the scale of pay of Rs.1 0,000-15,200/-, Rs.12,000-16,500/ - to those serving in the Junior/Senior Selection Grade of the Basic entry grade. All these members of the Association are the Veterinarians duly selected by the Bihar Public Service Commission and were Appointed as veterinary officers to serve the State Bihar as scan/Surgeon to look after the live-stock of the State. The pay scale of the employees of the State of Bihar has been "revised from time to time and the last pay t revision was effected in the year 1998. Then State Government in consideration of the R representations received from various In employees Union and Associations to grant their members the Central pay scale and be promotional benefits available to the Central ha Government employees, agreed in principle, 13 to grant its employees the Central pay scale SCC along with promotional benefits which are fifty available to the Central Government the employees and the State Government also poil appointed a Fitment/ Pay Revision Committee pan to achieve the said purpose. That Committee the recommended the Class I Central Pay scale of RS.2200-4000/- in the basic grade and 4,00 Rs.3,000-4.500/- and Rs.3,700-5,300/- in the Police Junior/Senior Selection Grade and RsA,1 00- Government and issued pay for the de of the place of it was State the to lat the should ""at the 1st the of Vised 31e of i,500/ niore. All the Public as Bihar after of been 5,300/- in the suppertime selection grand Thereafter, the State of Bihar issued another resolution on 2.1.1998 and agreed in principal to allow the Central pay scale along with Central service conditions to its employees and an agreement to this effect was signee between the State Government and the Gazetted Officers Federation and State Secretariat Employees representatives and accordingly a Fitment Committee was constituted to make recommendations for revision of the. pay scale of the State Government employees at par with the Central Government employees whose pay scales were revised on the basis of the recommendations of the Fifth Central Pay Commission with effect from 1.1.1996. The Fitment Committee considered the claim of the respondents and recommended a pay scale of Rs.6,500-1 0,500/- for the basic/entry grade of the Bihar Animal Husbandry Service. This was not acceptable to the association and it was submitted that the recommendations of this Fitment Committee was contra




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top