Kunal Kumar Singh vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties. By this application the petitioner seeks direction upon the respondents to grant him revised pay scale of Rs. 2000-3500 with effect from 1.3.1989 to 31.12.1995.

It is submitted by learned counsel for the petitioner that for the revised pay scale, the petitioner had earlier filed a representation before the authorities concerned, but the same was not disposed of and ultimately, the matter had come up before the Fitment Appellate Committee and necessary directions were given to the authorities concerned to consider the case of the petitioner.

From the tenor of the averments made in the writ application, it appears that the petitioner wants replacement scale of Rs. 800-1510 with effect from 1.3.1989. It further appears that the revised scale has been made available to the petitioner with effect from 1.1.1996. The question is being agitated as to whether the petitioner will be entitled to get the revised scale with effect from 1.3.1989.

A counter affidavit has been filed on behalf of the respondents, wherein claim of the petitioner is being denied.

In the given facts and circumstances of the case, it will not be appropriate for this Court to issue any positive direction to the respondents concerned to grant him the revised pay scale, as prayed for by him.

However, the petitioner, if so advised, may represent his case before the appropriate authority for redressal of his grievances and in case, it is so done, the same would be considered and disposed of in accordance with law by speaking order by the competent authority within a period of three months from the date of filing of the representation. With the direction/observation aforesaid, this application is disposed of.