STATE OF BIHAR THROUGH Vs. SUDHIR KUMAR THAKUR

JUDGEMENT

(1.) The present appeal has been filed against the order dated 18.9.2008 passed in C.W.J.C. No. 13916 of 2004.

(2.) The main grievance of the respondent in the writ petition was with regard to lowering his pay-scale from 12,000/- to 16,500/- to 10,000/- to 15,200/- by the Government holding that the post of O.S.D.-cum-ex officio Under Secretary which the respondent was holding was not included in the revision of pay-scale.

(3.) A notification has been issued being Notification No. 713 of 2006 mentioning therein that the respondent was hot entitled for the pay-scale of 12,000/-16,500/- with effect from 9.8.1999 i.e. from the date when the second A.C.P. was granted to the respondent. The respondent has entered into the service of the Government when the Govt. took over the Bihar Flying Club and he went on deputation to Food and Civil Supplies Corporation and came back to the parent department. Accordingly, he was designated to the post of O.S.D.-cum-Ex-Officio Under Secretary. But however, the said post was not included in the revision of pay-scale, and therefore, the matter was referred to the Cabinet Sub-Committee and the Cabinet Sub-Committee recommended the pay scale of Rs. 10,000/- -15,200/- for this post with a note that if the Government so pleases higher pay-scale can be given provided the designation is changed as Deputy Secretary, as per letter no. 3944, dated 10.6.2000. The main contention of the respondent herein is that the notification no. 713 of 2006 was issued in violation of principles of natural justice by which the pay-scale of the respondent was revised.