Md. Manzoor vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties.

Substantially, the grievance of the writ petitioner is that though he is working on the post of senior mechanic, which is equivalent to grade I, he is not getting the revised scale of Rs. 4500-7000.

It is submitted by learned counsel for the petitioner that by virtue of 6th Pay Revision Committee report dated 1.1.1996 the replacement scale of senior mechanic is Rs. 4500-7000, whereas the petitioner has been placed in scale of Rs. 3050-4590.

According to the affidavits filled on behalf of the State, the petitioner is working as junior mechanic grade I and as per the 6th Pay Revision Committee report, he is getting the replaced scale of Rs. 3050-4590.

However, learned counsel for the petitioner contended that post of senior mechanic is equivalent to Mechanic Grade I and as per 6th Pay Revision Committee report, the petitioner is entitled for the replacement scale of Rs, 4500-7000.

No supporting document, however, has been brought on record showing about the merger of the post with senior mechanic or promoting the petitioner as senior mechanic. This fact, however, has also not been clarified by the respondents in their counter affidavits.

In the given facts and circumstances of the case, therefore, it would not be appropriate for this Court to issue any positive direction to the respondents to pay the particular replaced scale, as claimed by the petitioner.

However, the petitioner if so advised, may represent his case before the respondent concerned detailing 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 concerned respondent within a period of three months from the date of filing of the representation.

With the direction/observation aforesaid, SC this application is disposed of.