Case: Smt. Prem Lata Sinha and Ors. Vs State of Jharkhand and Ors.. Jharkhand High Court
| Judges | D.G.R. Patnaik, J. |
| Issue | Service Laws |
| Citation | [2009(1) JCR 516 (Jhr)] |
| Judgement Date | December 05, 2008 |
| Court | Jharkhand High Court |
Order:
D.G.R. Patnaik, J.
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In course of submissions, learned Counsel for the respondent-State of Bihar invites attention to Annexure-21 filed by the writ petitioners and points out that the aforesaid annexure is a Notification issued by the State Government of Bihar whereby a decision was taken for revision in the "initial pay" of the employees of the Non-Government Aided Libraries, but with stipulation that such revision is in respect of the initial pay only and the other payment which would include payment towards Dearness Allowance and other allowances etc. should be borne by the Management of the individual libraries.
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Learned Counsel for the petitioners seeks to clarify that on the basis of the notification issued by the Government of Bihar vide Annexure-21, the petitioners had received their salaries in the revised pay scale till the year 1998. This being the undisputed fact, the State Government of Jharkhand cannot deny that the petitioners were all along entitled to the revised pay scales which was made pursuant to the recommendations under 5th Pay Commission Report.
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Learned Counsel for the respondent-State of Bihar interjects stating that from the very nomenclature of the libraries in which the petitioners are employed, such libraries are Non-Government Aided Institutions and except giving grant in aid and administrative control over such libraries, the State Government has no other role to play in the matter of payment of salary to the employees of such libraries and it is the Managing Committee of such libraries who are supposed to pay the salaries to the employees from the funds received by way of grant from State Government.
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The stand taken by the learned Counsel for the respondent-State of Jharkhand is virtually identical to the stand taken by the counsel for the respondent-State of Bihar with an addition that the remuneration which is payable to the petitioner is not paid as salary. Rather, it is by way of a fixed consolidated amount which is not amenable either to any revision or reconsideration even pursuant to the recommendations of the 5th Pay Commission Report.
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The petitioners in this writ application have prayed for issuance of a writ of mandamus commanding upon the respondents to pay the arrears of dues of salary including Dearness Allowance and other allowances to the petitioners on the basis of calculation pursuant to the 5th Pay Commissions' revised pay scale commencing from 1.3.1989 to 31.12.1995 and...
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