The State of Bihar and ors. Vs. Ranjana Sinha and anr.

service law-pay scale-petitioners working as lecturers in state institute of education technology, under financial, administrative and pervasive control of govt of india, claiming pay scale being given to central govt. officers and employees-fitment committee's report in favour of petitioners claim-pursuant to revision in pay scale, original petitioners ought to have been paid the equivalent new scale as being paid to central govt. employees-original petitioners held entitled to replacement scale-no interference required in order of writ court. - - 1. after having heard learned counsels appearing for the parties and considering the facts and circumstances, as well as, the grounds stated in the application for condonation of delay, we are satisfied that there was sufficient cause for not filing this letters patent appeal within time. 12268 of 2001, whereby, the prayer of the original petitioners, respondents herein, came to be granted to the extent that their claim for equivalent scale in view of the fitment committee report, as well as, the new scale paid to the central government employees is justified.1. after having heard learned counsels appearing for the parties and considering the facts and circumstances, as well as, the grounds stated in the application for condonation of delay, we are satisfied that there was sufficient cause for not filing this letters patent appeal within time. the application for condonation of delay shall, therefore, stand allowed and the delay of 174 days in filing the letters patent appeal shall stand condoned.2. rule is made absolute. no costs.3. in so far as the merits of the letters patent appeal is concerned, it is directed against the judgment of the learned single judge dated 26.7.2005 in c.w.j.c. no. 12268 of 2001, whereby, the prayer of the original petitioners, respondents herein, came to be granted to the extent that their claim for equivalent scale in view of the fitment committee report, as well as, the new scale paid to the central government employees is justified.4. the respondents herein are the original petitioners who claimed the scale of rs. 8000-13500/- claiming it to be an appropriate replacement or equivalent to the scale given to the central government officers and employees. the petitioners were working as lecturers and they were in the pay scale of rs. 2200-4050/- in the state institute of education technology which is a registered society under the societies registration act fully financed by the ministry of human resources, government of india. the government of india has financial, administrative and pervasive control in so far as the said society is concerned.5. it is in this context when there was a revision in the scale and new scales were given to the central government employees and officers of the registered societies managed by the government of india, the original petitioners ought to have been paid the equivalent new scale as is being paid to the central government employees.6. apart from that, there was a fitment committee which, also, reported that hitherto the scale of rs. 2200-4050/- would be.....