DHANANJAY SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application altogether three hundred and twenty four petitioners have moved this Court impugning the letter of the Joint Secretary, Finance Department, Government of Bihar (respondent No. 2) dated 11th October, 1991, by reason of which it was intimated that the State Government has allowed the pay-scale of Rs. 260-408 to the Accountants of the different Treasuries from 1-5-1980 to 31st March, 1981 and further that the scales of pay of Rs. 730-1080 and Rs. 1400-2600, which were granted to such Accountants of the different Treasuries with effect from 01-4-1981 and 01-1-1986, was without any verification and decision with respect to the scale of the aforesaid period i.e. 01-4-1981 and 01-1-1986 and the same is still under consideration of respondent -State. This letter is Annexure -1 to the writ petition. Though initially this was the prayer of the petitioners but subsequently by filing two different amendment petitions they have also cnallenged Annexure -14 dated 14th September, 1992, Annexure-15 dated 12-2-1993, Annexure -30 dated 4-6-1999, Annexure-A dated 7-8-1999 of the counter -affidavit filed by the respondents and Annexure-37 as contained in amendment petition filed on 24-11-2000.

(2.) Some facts are required to be stated for appreciating the argument of the learned Counsel for the parties.

(3.) Defending issuance of the Finance Department letter dated 11 -10 -1991 (Annexure -1) the stand of the State Government in its counter -affidavit is that in the light of the Division Bench judgment in CWJC No. 2180 of 1989(R) pay -scale of the petitioners were sanctioned at Rs. 260 -408 with effect from 1 -5 -1980 to 31 -3 -1981. While the matter of revision of pay -scale in respect of the petitioners with effect from 1 -4 -1981 and 1 -1 -1986 was under active consideration of the State Government, the Sub -Treasury Officers, Chas, Bokaro fixed the pay of the Treasury Clerks posted in the Treasury with effect from 1 -4 -1981 and 1 -1 -1986 in the pay -scale of which they were not entitled to. Finance Department having come to know of the said order of the Sub -Treasury Officers dated 25 -9 -1991, immediately issued a clarification by its letter dated 11 -10 -1991, which is Annexure -1. According to the respondents the Sub -Treasury Officers were not authorised to fix the pay -scale of Treasury Clerk as was done by them. The very cadre of the petitioners has been challenged by the respondents asserting therein that actually the petitioners were never declared as Accountants and they are in fact Treasury Clerks borne out of the cadre of Mufassil Clerk Establishment. Ultimately their claim for such revised pay -scale has been turned down by the State Government by its order dated 14 -9 -1992, which is Annexure -Ato the counter -affidavit.