Binay Kumar Jha And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2232 of 2013 ===========================================================
1. Binay Kumar Jha, Son of Late Badri Nath Jha, Resident of II D.H. Colony, Qrt. No. 5, Agam Kuan, Gulzarbagh, Patan -7
2. Maheshwar Prasad Ram, Son of Late Judagi Ram, Resident of II D.H. Colony, Qrt. No. 7, Agam Kuan, Gulzarbagh, Patan -7
3. Budheshwar Singh, Son of Late Gulab Singh, Resident of Biscoman Colony, Near Pyarelal Ke Bag, Shitla Mandir, Patna
4. Krishna Kumar, Son of Late Ram Subhan Ram, Resident of Village Ahiyapur, P.O. + P.S. Maner, District Patna,
5. Sant Kumar Jain, Son of Ishun Chand Jain, Resident of Mohalla Langur Gali, Jhauganj, Chowk, Patna City, District Patna
6. Paras Nath Gupta, Son of Late Ram Sagar Gupta, Resident of Village + P.O. Jakarabad Samaspur, Fatuaha, P.S. Fatuaha, District Patna
7. Ram Dayal Ram, Son of Ram Prasad Ram, Resident of Village + P.O. Dighikala, West, Ward No. 4, P.S. Hajipur Sadar, District Vaishali
8. Anjani Kumar Sinha, Son of Late Rajak Prasad, Resident of Mohalla New Purandarpur, Shanti Niwas, P.S. Jakkanpur, District Patna All are posted in the Post of Dresser, Nalanda Medical College Hospital, Patna
9. Dudheshwar Sharma, Son of Late Muneshwar Sharma, Resident of Village + P.O. Gopalpur, District Patna (Retd Dresser, Primary Health Centre, Phulwari, Patna) .... .... Petitioners
Versus
1. The State of Bihar , through Principal Secretary, Health Services, Vikash Bhawan, Patna
2. The Director, Health Services, Vikash Bhawan, Patna
3. The Principal Secretary, General Administrative Department, Govt. of Bihar, Patna
4. The Principal Secretary, Department of Finance, Govt. of Bihar, Patna
5. The Joint Secretary Health Department, Govt. of Bihar, Patna
6. The Superintendent, Nalanda Medical College Hospital, Patna .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Advocate For the Respondent/s : Mr. K.P. Gupta, SC16 =========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 17-12-2015 All the petitioners are Dressers engaged in different Medical College of the State of Bihar. They have raised a grievance that they have been put in pay scale of Rs.2650-4000/- in place of
Patna High Court CWJC No.2232 of 2013 dt.17-12-2015 2 / 3 Rs.4000-6000/-, now revised to Rs.5200-20200/- and Grade Pay of Rs.1650/- in place of Grade Pay of Rs.2400/- as per the 6th Pay Revision Committee report. In support of their claim, the petitioners submit that the Health Workers and the Dressers were one cadre. Whereas, the Health Workers were posted in the office of Civil Surgeon, the Dressers were posted in different Medical Colleges. However, for the reasons best known to the authorities, the Health Workers were assigned higher pay scale and Pay Band than the Dressers, though both were performing more or less similar work. According to the petitioners, the work of Dressers was one of onerous responsibility, as they were attached with the Medical Colleges. He next submits that even many sections of Class-IV employees are getting higher pay scale in their comparison.
2. Learned counsel for the State submits that the cases of Dressers were also subject of consideration in Fitment Committee as well as Appellate Fitment Committee but the Committee did not recommend parity with pay scale of Health Workers.
3. Counsel for the petitioners submits that the Dressers are in small numbers and could not present their cases effectively. They be permitted one more opportunity to put in their cases.
4. Having regard to the submissions of the petitioners, I am inclined to grant one more opportunity to them to place their cases
Patna High Court CWJC No.2232 of 2013 dt.17-12-2015 3 / 3 before respondent no.1, who would permit personal hearing, if a prayer for same is made.
5. If the respondent no.1 finds it appropriate, he may refer the case of the petitioners before a Pay Anomaly Committee for due consideration.
6. With the aforesaid observation, this application stands disposed of.
(Samarendra Pratap Singh, J.) Uday/- U