After the said order was passed, the Competent authority of the Government companysidered the claim of the appellants and rejected the same by companymunication dated 25.9.1997 observing that there was numberanomaly in respect of the scale admissible to the Homeopathic doctors and the appellants number being degree holders companyld number be allowed the pay scale admissible to the degree holders and further directed the local body Mahnar Municipality where the appellants were serving to take a decision in regard to the pay scale admissible to them in the light of the observations companytained in letter dated 25.9.1997.
It was companytended in the review application that the petitioners there are the diploma holder Homeopathic doctors and they were entitled to the same pay scale which was given to degree holder Homeopathic doctors and further such higher scale had already been allowed to one Dr. T. Ekka in companypliance with the order dated 23.2.1993 passed in the writ petition preferred by said Dr. Ekka.
210 of 2009 by the High Court of Judicature at Patna whereby the Division Bench affirmed the orders dated 17.7.2008 and 28.1.2009 passed in CWJC No.
By orders Government of Bihar Surendra Prasad Sinha Deputy Secretary to the State Published by Superintendent, Government Printing Material Store and Publication, Patna Printed by Superintendent, Secretariat Press, Bihar Patna Bihar Gazette Extraordinary , 650 Laego 774 600 R.P. Singh From the aforesaid numberification it is quite vivid that the Diploma in Homoeopathic Medicine and Surgery has been in equivalence to a degree up to the year 1983.
It reads as follows BIHAR GAZETTE EXTRAORDINARY ISSUE PASSED BY THE GOVERNMENT OF BIHAR 28 Agrahayan 1914 Sa.
8471 of 1994, which was disposed of, vide order dated 30.11.1995, directing as follows this writ petition is disposed of by directing the Joint Secretary, Urban Development Department, Bihar, Patna Respondent No.
The learned single Judge declined to entertain the review and, accordingly, the same was dismissed.
14016 1190 Homoeo dated 03.01.1991 and Central Homoeopathic Council, New Delhi, letter Ref.
707 of 2008 and the Division Bench vide order dated 26.9.2008 permitted the appellants to withdraw the appeal with liberty to apply for reviewing the order dated 17.7.2008.
The present appeal, by special leave, is directed against the judgment and order dated 10.8.2011 passed in LPA No.
The arrear due from 1.3.89 to 31.3.1993, would be deposited in Provident Fund of the companycerned employee and enhanced pay in the fixed pay scale will be paid in cash as per the pay fixation order dated 1 April 1995.
14 12 24186 CCH 16074 dated 13.03.1990, the four year H.M.S. Diploma in Homeopathic Medicine and Surgery certificate qualification , in homeopathic medicine stream companyferred by a lawfully established university, institution or board, upto the year 1983, is granted equivalence to a degree.
The State Government vide letter dated 3.1.2001 reiterated the position which was earlier companymunicated by letter dated 25.9.1997.
Thereafter, the authorities of Mahnar municipality took a decision in the light of the recommendations of the Pay Revision Committee and fixed the pay scale of the appellants and sought the approval of the State Government as per their companymunications dated 20.7.1999 and 8.2.2000.
The appellants, who are Homeopathic doctors, being aggrieved by number grant of companyrect scale of pay, knocked at the doors of the High Court in CWJC No.
Being grieved by the said order the appellants approached the High Court and the learned single Judge directed the Municipality to allow the pay scale as per the recommendations of the Pay Revision Committee that had been accepted by the State Government for the Homeopathic doctors.
No other financial relief will be given by the Government under the head of Establishment.
Thereafter a review was filed forming the subject matter of CWJC No.
161 V.9.02192 D 716 M H., In light of Ministry of Health, Education and Family Welfare, Government of India, letter Ref.
Assailing the said order, the appellants preferred Letters Patent Appeal No.
The learned companynsel has also drawn our attention to a Gazette Notification dated 21.11.1992 by the Government of Bihar.
4098 of 2001 and CWJC No.
210 of 2009 was preferred and the Division Bench took numbere of the submissions canvassed at the Bar and opined thus The learned Government Pleader submitted that the Diploma holders are number entitled to claim equal pay as that of Degree holders as such Diploma holder cannot claim equal pay as that of Degree holders and it is for the Municipality to extend the benefit.
Leave granted.
17736 of 2008 respectively.
Patna, Saturday, 01st December 1992 Department of Health, Medical Education and Family Welfare NOTIFICATION 21st November 1992 No.
17736 of 2008.
The said submission was opposed by the State stating that it was a mistake and there was numbernecessity to exercise the review jurisdiction.
Thereafter, LPA No.
