PRAFULLA CHANDRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anil Kumar Jha for the appellant, Mr. Shashi Bhushan Kumar, learned Standing Counsel No. 7 for respondent nos. 5 and 6, and Mr. Praveen Kumar Jaipuriyar for respondent nos. 2, 3 and 4. The petitioner of CWJC No. 10613 of 2010 has preferred this appeal under Section 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the order dated 9.7.2010, whereby the writ petition has been dismissed, and his prayer for grant of pay scale of Rs. 12,000-16,500/- for the post of Joint Director (Accounts) in the Bihar Institute" of Public Administration and Rural Development (BIPARD for short), has been rejected.

(2.) A brief statement of facts essential for the disposal of this appeal may be indicated. The appellant is a Chartered Accountant by profession and was an employee of Bihar Industrial Development Corporation as Financial Advisor. Government of Bihar created BIPARD for training of its functionaries. A meeting of the Executive Council comprising of the following functionaries of the State Government was held on 22.3.2006:-

(3.) It appears that a dispute arose about the pay scale admissible to the appellant while on deputation to BIPARD. The appellant's stand has been that he is entitled to the pay scale of Rs. 12,000-16,500/-. On the other hand, the respondent authorities took the stand that this pay scale sanctioned by the 5th and 6th Pay Commission which has not been adopted by BIPARD and, therefore, inadmissible to the appellant. Further stand of the respondent authorities is that he is entitled to the pay scale he was enjoying before his deputation to BIPARD, leading to the writ petition. The same has been dismissed on the ground that the recommendations of the 5th and 6th Pay Commission have not been adopted by the corporation or BIPARD and, therefore, the pay scale in question has rightly been denied to the writ petitioner (the appellant herein).