TEJ NARAIN TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The admitted facts in the present case are that by an order dated 16/08/1969 the appellant was appointed by respondent 2 - Bihar School Examination Board ('board') as a Special Officer (Stores) for a period not exceeding six months, in the pay scale of Rs. 300-20-400-EB- 20-500 with usual allowances. His services, however, were continued till 10/03/1971, when he was intimated that the said post of Special Officer would be abolished, w. e. f. 1/04/1971 and consequently his services would stand terminated. The appellant filed a suit and obtained an injunction against the abolition of the post and the termination of his services. In the suit, a compromise was arrived at between the Board and the appellant whereby he was to be appointed as Section Officer in the general cadre and his pay as a Special Officer was to be protected. Pursuant to this compromise, the Board passed an office order on 20/03/1972 which stated as follows:

(3.) By the same order, another Special Officer (Vigilance) was also appointed to one more vacant post of Sectional Head (Section Officer) in the same pay with an additional reducible personal pay of Rs. 20. 00 per month.