Sunita Rani Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13677 of 2019 ====================================================== 1.

Sunita Rani Prasad, female, aged about 60 years, W/o Sri Radha Nath Nand Keoliyar, Resident of Mohallah- New Shiv Mandir, New Area, Beldari Tola, P.S. Civil Line, District- Gaya.

2.

Ruby Kumari, female, aged about 52 years, W/o Nishutosh Kumar Sinha, Resident of Mohalla- Shastri Nagar, Road No.-4, P.S. Rampur, DistrictGaya. 3.

Rumana Khatoon, female, aged about 59 years, W/o Md. Tamkean Ahamd, Resident of Mohalla- Hari Das Cahaerji Road, Ramna, P.S. Kotwali, District- Gaya.

4.

Shruti Kumari, female, aged about 55 years, W/o Ujjawal Kumar, MohallaJanakpur (Manpur), P.S. Buniad Ganj, District- Gaya. 5.

Nikhat Fatima Haidary, female, aged about 59 years, W/o Md. Sarmad Resident of Haidar Building, New Karimganj, P.S. Delha, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Principal Secretary, Finance Department, Old Secretariat, Government of Bihar, Patna.

3.

The Principal Secretary, Personal and Administrative Department, Old Secretariat, Patna.

4.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

5.

The Secretary, Rural Work Department, Old Secretariat, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugul Kishore, Sr. Adv.

Mr. Virendra Prasad, Adv.

For the State :

Mr. Shailendra Kumar Singh, AC to AAG-4 ======================================================

2/5 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 09-07-2019 The petitioners, who are Lady Extension Officers, are aggrieved by the fact that in the 7th Pay-Revision, their pay-scale has been placed at Level-6 and not at Level-7 which has been given to the Extension Officers (Trade & Commerce).

2. It has been submitted on behalf of the petitioners that they were appointed as Lady Extension Officers in the year 1989 and, thereafter, they were absorbed in different districts and placed in the pay-scale of Rs. 5000 - 8000/-. A separate cadre under the Rural Development Department, Govt. of Bihar was created for Lady Extension Officers as well as Extension Officers (Trade & Commerce). Both, the Lady Extension Officers as well as Extension Officers (Trade & Commerce) have been held as government employees from the date of their joining the District Rural Development Authority.

3. It appears that by mistake, after the 7th PayRevision Committee report, the petitioners were placed in

3/5 the pay-scale of Level-6 instead of Level-7. The aforesaid anomaly crept in the office order for the reason that the petitioners were wrongly projected as employees of the Panchayati Raj Department, though they should have been shown as employees of Rural Development Department. When a representation was made by the petitioners before the concerned authorities of Rural Development Department, the matter was inquired into and it was found that the projection of the petitioners as being employees of the Panchayati Raj Department was wrong and they should have been treated as employees of Rural Works Department. In that event, their salary ought to have been fixed at Level-7 and not at Level-6.

4. The Special Secretary of the Rural Development Department, Govt. of Bihar, Patna has also written a letter to the Principal Secretary, Finance Department, Govt. of Bihar, Patna, intimating him about the aforesaid anomaly and the reasons for the same and a request has been made that such anomaly may be rectified, so that the petitioners are also placed in the same pay-scale

4/5 of Level-7, as that of Extension Officers (Trade & Commerce).

5. Despite the aforesaid letter issued under the signature of the Special Secretary of the Rural Development Department, Govt. of Bihar dated 07.09.2017, contained in Memo No. 326797, the Finance Department, Govt. of Bihar has not yet taken a decision and has not clarified the issue till date.

6. The petitioners, under the aforesaid circumstances, are directed to make a representation before the Principal Secretary, Finance Department, Govt. of Bihar, Patna (respondent No. 2), detailing their grievances, within a period of four weeks from today, who, on receipt of such representation, shall take a decision and communicate the same to the Rural Development Department, Govt. of Bihar, so that necessary correction in the pay-scale of the petitioners could be made. The aforesaid order must be passed as expeditiously as possible, preferably within a period of eight weeks of the receipt of such representation.

7. With the aforesaid observation/direction, the

5/5 writ petition stands disposed off.

8. Needless to state that once a decision is communicated to the Department, the petitioners would come to know about the same.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.07.2019 Transmission Date N/A