STATE OF BIHAR AND ORS. versus BIHAR VETERINARY ASSOCIATION AND ORS.

Citation: [2008] 3 S.C.R. 222 · Decided: 22-02-2008 · Supreme Court of India · Bench: A.K. MATHUR · Disposal: Case Allowed
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Judgment (excerpt)

A 
B 
[2008) 3 S.C.R. 222 
STATE OF BIHAR AND ORS. 
v. 
BIHAR VETERINARY ASSOCIATION AND ORS. 
(Civil Appeal No.1507 of 2008) 
FEBRUARY 22, 2008 
[A.K. MATHUR AND ALTAMAS KABIR, JJ.] 
Service Law: 
Pay scale - Parity in - Determining factors - Claim of 
C parity by Veterinarians employed in Bihar Animal Husbandry 
Service with Indian Veterinary Service - Recommendations 
of Fitment Committee challenged - Interference by High Court 
with recommendations of Fitment Committee - Held: Not 
warranted ·- Fitment Committee after taking into account 
D conditions obtaining in Stc;ite of Bihar and duties discharged 
by Veterinarians and other services vis-a-vis services in 
Central Government worked out balance and recommended 
the pay scc1le - Therefore, it was not proper to interfere with 
the same - Picking up one class of service and granting highet 
E pay scale ,3s available in Central Government is likely to 
disturb the whole balance resulting in complex situation in the 
State and may lead to ruination of finances of the State. 
Administrative law: 
F 
Judicial Review - Interference with recommendations of 
Fitment Committee regarding the grant of pay scale - Scope 
of - Held: Granting of pay scale is purely executi.ve action 
and hence Courts not to interfere with same - Proper forum is 
expert body - Service Law - Pay scale - Parity in. 
G 
The respondent no.1 ls a registered association of 
Veterinary l'.>octors employed in the service of Animal 
Husbandry Department of the State of Bihar and 
'· 
respondent Nos.2 to 9 are its members serving in different 
capacities. Respondents filed a writ petition in High Court 
H 
222 
( 
STATE OF BIHAR AND ORS. v. BIHAR VETERINARY 
ASSOCIATION AND ORS. 
223 
on the ground that the Fitment Committee erroneously A 
recommended the revised pay scale of Rs.6500-10,500/- . 
for.the veterinarians serving in basic grade of Bihar Animal 
Husbandry Service in place of Rs.8000-13,500/- as 
recommended by the Fifth Central Pay Commission to the 
Indian Veterinary service in basic gra.de and that the job B 
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. Single Judge of High 
Court allowed the writ petition and directed that the c 
Veterinarians serving in the Bihar Animal Husbandry 
Service be given the pay scale of Rs.8,000-13,500/- as was 
granted to the members of the Indian Veterinary Service 
on the basis of the parity of the pay scale admissible to 
the employees of the Central Government. 
D 
Division Bench of High Court affirmed the same. 
Hence the present appeal. 
Allowing the appeal, the Court 
HELD: 1. A parity cannot be made between the E 
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 F 
State Administrative Service. Therefore, they cannot get 
. 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 t'1e State of Bihar including these Veterinarians. The G 
pay scales in the States are revised from time to time on 
the recommendations of the Pay Commissions. A parity 
~- 'f 
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 H 
224 
SUPREME COURT REPORTS 
[2008] 3 S.C.R. 
' 
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A 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 
B 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 factors into 
consideration. It is true that it was mentioned in the report 
c 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 
t
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