Mukesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16434 of 2008 ====================================================== Mukesh Kumar, son of late Ravi Nandan Prasad, resident of Village Chandmari, PO Motihari, PS. Town District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner-cum-Secretary, Department of Finance, Government of Biahr, Patna

3. The District Magistrate, East Champaran, Motihari

4. The Dy. Collector, Establishment, East Champaran, Motihari

5. The Treasury Officer, East Champaran, Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shri Prakash Srivastava Mr. sSantosh Bharti Mr. Anu Priyadarshini Mr. Navin Anand For the State : Mr. R.J. Singh AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has claimed that his pay scale should be in the scale of copyist of Civil Court as nature of job of copyist in Civil Court and the Collectorate is by and large same and wrong pay scale has been fixed. Earlier only one pay scale was for the copyist of Civil Court as well as Collectorate. The fixation of pay scale is an executive function, executive fixes the scale after assessing the nature of work its load and responsibility. It is not the function of Court to fix the pay scale. If any wrong has been done the employee can

Patna High Court CWJC No.16434 of 2008 (3) dt.22-11-2017 only approach to the proper authority for removal of the anomalies. Pay has been fixed in 1986 which is under challenge. Thereafter anomaly committee was constituted. Anomaly committee has examined the fixation of pay and finally pay scale has been fixed.

This Court does not find any merit in this writ petition. It is accordingly dismissed.

(Shivaji Pandey, J) Vinay/- U