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CASE NO.: Appeal (civil)  1507 of 2008

PETITIONER: State of Bihar & Ors

RESPONDENT: Bihar Veterinary Association & Ors

DATE OF JUDGMENT: 22/02/2008

BENCH: A.K.MATHUR & ALTAMAS KABIR

JUDGMENT: J U D G M E N T  

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

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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

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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

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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.