State
of Bihar & Ors Vs. Bihar Veterinary Association & Ors [2008] Insc 270 (22 February 2008)
A.K.Mathur
& Altamas Kabir
CIVIL
APPEAL NO. 1507 OF 2008 [Arising out of S.L.P.(c) No.13880 of 2007] 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.10,000-15,200/-, 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 of Bihar as Veterinary Physician/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 revision was effected in the year 1998. The State Government
in consideration of the representations received from various employees' Union
and Associations to grant their members the Central pay scale and promotional
benefits available to the Central Government employees, agreed in principle, to
grant its employees the Central pay scale along with promotional benefits which
are available to the Central Government employees and the State Government also
appointed a Fitment/ Pay Revision Committee to achieve the said purpose.
That Committee
recommended the Class I Central Pay scale of Rs.2200- 4000/- in the basic grade
and Rs.3,000-4,500/- and Rs.3,700- 5,300/- in the Junior/ Senior Selection
Grade and Rs.4,100-5,300/- in the suppertime selection grade. Thereafter, the
State of Bihar issued another resolution on 2.1.1998 and agreed in principle to
allow the Central pay scale along with Central service conditions to its
employees and an agreement to this effect was signed 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.6,500-10,500/- 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 contrary to the pay scale recommended by the Fifth
Central Pay Commission which recommended grant of higher scale of pay of
Rs.8,500-13,500/- to the Veterinarians of the Indian Veterinary Service in the
basic grade.
Therefore,
the Veterinarians serving in the basic grade in the State of Bihar should also have been fitted in the
pay scale of Rs.8,000- 13,500/-. Similarly, it was claimed that the pay scales
for other promotional posts should be fitted on the basis of the recommendation
of the Fifth Central Pay Commission. It was also pointed out that the Fitment
Committee in paragraph 2.2.6 of its report has noticed that the recommendation
of the Fifth Central Pay Commission to grant higher scale of Rs.2200-4,000/- to
the entry grade of the U.T. Civil/ Police Services has not been accepted by the
Government of India. It was also noted by the Fitment Committee in its report
that had that been allowed to the Union Territories Civil Services then it
would have been possible for the State to grant similar pay scale to Bihar State Administrative/ Police Service in the basic entry grade of
the two services. The Fitment Committee in paragraphs 2.2.10 and 2.8.1 of its
report recommended the lower scale of Rs.6,500-10,500/- for the basic entry
grade of the Bihar Animal Husbandry Service as the said service on comparison
was found similar to the other State Services notified in resolution of the
State Government dated 28.2.1989. In short, the submission of the respondent-
association was that the members of the Bihar Animal Husbandry Service should
be granted the same pay scale as is admissible to Indian Veterinary Service i.e.
Rs.8,000-13,500/- as recommended by the Fifth Central Pay Commission and
granted to the members of the Indian Veterinary Service. It was submitted that
the job of the Fitment Committee was only to recommend the pay scale as was
being given to the Central Government Employees but instead of that the Fitment
Committee recommended a lower pay scale. Learned Single Judge after hearing the
parties allowed the writ petition and directed that the Veterinarians serving
in the Bihar Animal Husbandry Service should be given the pay scale of Rs.8,000-13,500/-
as is being granted to the members of the Indian Venterinary Service on the
basis of the parity of the pay scale admissible to the employees of the Central
Government.
Aggrieved
against this order of learned Single Judge, Letters Patent Appeal No.886 of
2007 was preferred by the appellants before the Division Bench of the High
Court but without any result. Hence the present appeal.
4. We
have heard learned counsel for the parties and perused the record. We fail to
understand how can a parity be made between the members of the Indian
Veterinary Service and the members of the Bihar Animal Husbandry Service. The
members of this State Service have been allowed the pay scale of Rs.6,500-10,500/-.
These employees of the Bihar Animal Husbandry Service are also at par with that
of the State Administrative Service. Therefore, they cannot get the pay scale
higher than the State service. Even then the Fitment Committee has recommended
the revised pay scale of Rs.6,500-10,500/- for the Administrative Services of
the State of Bihar including these Veterinarians. The
pay scales in the States are revised from time to time on the recommendations
of the Pay Commissions. A parity in a particular class of service depends on
various factors. The Pay Commission has to consider the pay scales of various
services of the State and then to make a hierarchy of the pay scale in the
State. It is not possible to have the same pay scales as that of the employees
of the Central Government or even for that matter between two States.
The
pay scales essentially depend upon the resources of the Government. It is not
always possible that the resources of the Central Government and the State
Government are the same or even for that matter between two States. Therefore,
to decide and recommend pay scales the Fitment Committee has to take all factor
into consideration. It is true that it was mentioned in the report of the
Fitment Committee that the Fitment Committee was required to recommend without
considering the economic constraints of the State and the need for resources of
the development programmes and it was also canvassed that the Fitment Committee
does not have the constraint of financial consequences but despite that the
Committee after elaborate discussion has recommended the pay scale of Rs.6,500-
10,500 and the same pay scale has been granted to the members of the respondent
association. It was pointed out that the post of Veterinary Officer is
equivalent to that of Medical Officers who are appointed after passing the
M.B.B.S. degree and these Doctors have been granted 25% of their basic pay as
non-practising allowance.
Taking
into consideration all these factors the Fitment Committee in its wisdom has
already recommended the pay scale to these employees as admissible to the Group
'B' Officers of the State of Bihar in the pay scale of Rs.6,500-10,500/-. Recently
in S.C.Chandra & Ors. V. State of Jharkhand & Ors [ (2007) 8 SCC 279] this Court ( to which one of us was a
party) examined the question of parity in pay scale and fixation of pay scales.
Referring to an earlier decision of this Court in State of Haryana v. Tilak Raj
[(2003) 6 SCC 123], this Court held that in order to get similar pay there
should be complete and wholesale identity between two groups. This Court after
examining all these cases on the subject has observed that granting of pay
scale is a purely executive function and hence the Court should not interfere
with the same. Proper form is an expert body and the expert body in the present
case has recommended the pay scale of Rs.6,500- 10,500/- after taking into
consideration various factors. Learned Single Judge as well as the Division
Bench of the High Court ought not to have interfered with that finding. In S.C.Chandra
& Ors. (supra) this Court observed as follows :
"For
finding out whether there is complete and wholesale identity, the proper forum
is an expert body and not the writ court, as this requires extensive evidence.
A mechanical interpretation of the principle of equal pay for equal work
creates great practical difficulties. The courts must realize that the job is
both a difficult and time consuming task which even experts having the
assistance of staff with requisite expertise have found it difficult to
undertake. Fixation of pay and determination of parity is a complex matter
which is for the executive to discharge. Granting of pay parity by the court
may result in a cascading effect and reaction which can have adverse
consequences."
Therefore,
the Fitment Committee after taking into account the conditions obtaining in the
State of Bihar and the duties which are being discharges by the Veterinarians
and other services vis-`-vis the services in the Central Government has worked
out a balancing work and recommended the pay scale of Rs.6,500-10,500/- after
looking into various evidence which have been produced before the Fitment
Committee. Therefore, it was not proper to have disturbed this finding nor was
it correct on the part of the learned Single Judge as well as the Division
Bench of the High Court to have interfered with the same. If the 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. The Fitment Committee has undertaken
the exercise and recommended the wholesale revision of the pay scale in the
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 the whole
balance will be disturbed and other services are likely to be affected and it
will result in complex situation in the State and may lead to ruination of the
finances of the State.
Therefore,
interference by the learned Single Judge as well as the Division Bench of the
High Court with the recommendation of the Fitment Committee was not warranted.
5. As
a result of our above discussions, we allow this appeal and set aside the order
passed by the learned Single Judge as well as the Division Bench of the High
Court of Patna and dismiss the writ petition filed by the respondents. There
would be no order as to costs.
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