KRISHNA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Father of the Petitioner who was working as an Amin in the Consolidation Office, Obera Circle which falls under the district of Aurangabad had died-in-harness. Petitioner approached the District Compassionate Establishment Committee for his appointment on compassionate basis on the ground that he had valid education and degree to be appointed on the post of a clerk. The case of the Petitioner was considered by the District Compassionate Establishment Committee alongwith some others and the recommendation made is Annexure-1 dated 23.8.2000. The pay scale indicated by the Committee was Rs. 4,000 to 6,000/- so far the Petitioner is concerned.

(3.) It is the case of the Petitioner that despite the recommendation of the Compassionate Establishment Committee Respondents are giving him lower pay scale of Rs. 3,050-4,500/-. This has been challenged by the Petitioner in the present writ application to be unfair and arbitrary. He wants a direction upon the Respondents to give him a pay scale of Rs. 4,000-6,000/-. In support of such a relief learned Counsel representing the Petitioner submits that the recommendation of the District Compassionate Establishment Committee is binding upon the Respondents. Since already a recommendation had been made on 23.8.2000 a subsequent policy decision of the State bifurcating the cadre of Assistant into Lower Division Clerk with lower pay scale and Upper Division Clerk with another pay scale notified on 20th December, 2000 has no application to the Petitioner. The Respondents have illegally, if not irrationally applied the said notification which is Annexure-B to the counter affidavit filed on behalf of the State to deny the benefit of higher pay scale to the Petitioner.