KRISHNA NAND VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner, seeks quashing, of an order dated 21st July, 1987 (Annexure -7) by which the petitioner's pay scale was reduced from the scale at which he was being paid his monthly salary, with a further direction to recover payment of excess pay with effect from 1.3.1986. The petitioner further prayed for a direction to quash the order dated 27th July, 1987 (Annexure -8) by which he was transferred from the Directorate of Sainik Pixnerbas, Old Secretariat Hutment to District Sainik Punerbas Karyalaya, Hazaribagh.

(2.) On 21.8.1987 a Bench of this Court directed hearing of the writ petition only against the order dated 21.7.1987 (Annexure -7) reducing the pay -scale of the petitioner. So far as the order of transfer (Annexure -8) is concerned, it was not entertained since the petitioner's earlier writ petition (C.W.J.C. No. 3420 of 1987) with the same prayer was withdrawn after argument on 12.8.1987. The hearing of the writ petition, therefore, is confined only to the validity and/or legality of the order dated 21.7.1987. FACTS

(3.) According to the petitioner's case pursuant to a request from the Ministry of Defence, New Delhi, on 7th February, 1963, for making the District Soldiers' Sailors' and Airmen's Board Organisation a permanent State Government Organisation, the Secretary to Political (General and Transport) Department, informed the Ministry of Defence on 28th February, 1964, that the State Government had decided in principle to make the Soldiers' Sailors' and Airmen's Board Organisation in Bihar permanent and to treat its employees as State Government employees. Their pay -scales would brought on to the scales of pay approved by the State Government, but for the time being in view of the unfavourable financial condition the employees of the Board would be treated as temporary Government servant -vide Annexure -10. On 12th August, 1969 the Political (General and Transport) Department, General Branch, isued an order making the Soldierse' Saliors' and Airmen's Board. Permanent Organisation of the State Government and the State Government took over the entire Organisation as a permanent Department of the State Government with effect from 1st March, 1969 and all the employees of the Organisation as permanent Government servants from 1st March, 1969 with their conditions of service as regulated by the rules of the State Government. They were allowed all facilities as admissible to other State Government employees, namely, C.L.A., P.F. etc. The composition of the State Soldiers' Sailors' and Airmen's Board and that of District Soldiers' Sailors' and Airmen's Boards are indicated in Appendix 'C' to the said letter. In the case of State Board the President will be the Chief Minister or the Minister nominated by him and the Vice -President will be G.O..C -in -C of the Command in which the State is situated, and other members as described in the said appendix. Similarly in the District Soldiers' Sailors' and Airmen's Board the President will bi the Collector or the Deputy Commissioner and the Vice -President will be a Senior Ex -Service Officer. In the State Soldiers' Sailors' and Airmen's Board only four posts were created, namely, Secretary, Accountant, Steno -Clerk and Orderly Peon with their scales of pay indicated therein, whereas in the District Soldiers' Sailors' and Airmen's Board seven posts were sanctioned indicating their pay scales along with fixed travelling allowances applicable to them, since the Secretary of the District Soldiers' Sailors' and Airmen's Boards and welfare workers have to undergo regular tour in their area. Twelve districts were earmarked for the District Soldiers' Sailors' and Airmen's Board and the posts were sanctioned for each of the District from 12.8.1969. All these will be evident from the letter of the Government dated 12.8.1969 -Annexures 11, 11/1 (Appendix -B) and 11/2 (Appendix -C) The Government of Bihar in the Department of Home passed a Resolution some -time in February 1984 (Annexure -E to the counter -affidavit of respondent No. 3) as to the reconstitution of the State Soldiers' Sailors' and Airmen's Boards and sanctioned posts for offices in different districts The Secretary of the Rajya Sainik Board was directed to enjoy the status of the Head of the Department with all the financial and administrative powers and he would be known as Director, Sainik Punerbas The new name of the State Board would be Directorate of Soldiers'. Welfare Board and it would be a part of the Home Department functioning independently. The Secretary, District Soldiers' Board would henceforth be known as District Soldiers' Punerbas Officer and his office would be known as District Soldiers' Punervas Office. The employees of District Soldiers' Board would be given actual travelling allowance like any other State employee.