NAVIN PRAKASH NARAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, an officer of the Bihar State Export Corporation Limited (respondent No. 2) seeks for issuance of an appropriate writ for quashing a memo dated 7.4.1989, as contained in Annexure-1 to the writ application, whereby and whereunder the petitioner was informed that he would be holding the rank of Assistant Branch Manager with effect from the date of his appointment and was further directed to return the sum of Rs. 38,102.50 paise in instalments as mentioned therein.

(2.) THE facts of this case are not much in dispute.

(3.) IT appears from a letter dated 25th August, 1987, issued by the Deputy Secretary, Industries Department, State of Bihar, that the Industries Department of the State of Bihar accorded approval of the scale of pay admissible to the petitioner in terms of the decision of the Board of Directors i.e. the scale of pay of Rs. 1340-1000 with the basic pay of Rs. 1925 payable from 1.12.1984. From an office order dated 9.11.1957 it appears that respondent No. 8 fixed the scale of pay of the petitioner of Rs. 1350-2000 with the initial basic pay of Rs. 1925 per month. To the utter surprise of the petitioner, however, the Board of Directors of the respondent No. 2 in its 37th meeting held on 1st October, 1988 decided to reduce the scale of pay of the petitioner from Rs. 1350-2000 to Rr. 1000-1820 and gave him the post of Assistant Branch Manager, instead of Marketing Manager, which was the lower in rank to the post of Senior Export Executive The petitioner thereafter filed a writ application in this Court challenging the aforementioned decision of the Board of Directors being C.W.J.C. No. 7905 of 1988 and the said order was quashed by a Division Bench of this Court by an order dated 17.2.1989, as contained in Annexure-1 to the writ application. By reason of the aforementioned order this Court directed the respondent No. 2 to give to the petitioner reasonable opportunity to show cause and to decide the case by passing a speaking order and in accordance with law.