STATE OF BIHAR Vs. SATYENDRA KUMAR

JUDGEMENT

(1.) THE present Letters Patent Appeal is filed by the respondents-appellants herein against the order of the learned single Judge passed in CWJC no. 11879 of 2004 dated 13th July, 2007 by which the lerned single Judge has directed the appellants to make payment to the respondents the salary in the pay scale of Rs.4,000- 6000/- applicable to the post of Jan Sewak / Village Level Worker in accordance with the provisions of Bihar Village Level Worker and Village Extension Officers (Recruitment and Cnditions of Service ) Rules, 1987. It is also the case of respondents that they have been appointed in pursuance of old Rules in the pay scale of Rs.1200-1800/-. Subsequently, after their selection they have been sent for training for two years on 21st July, 1995 and after training given their joining in 1997. THE posting of the respondents were kept in abeyance almost for two years. However, they have waited for two years for issuance of appointment letter by the competent authority as the appointment was under the old Rules in the pay scale of Rs.1200-1800/- which was subsequently replaed by Rs.4000-6000/- and the said benefit was not extended to them. It was contended before the learned single Judge by the appellants / respondents that the unofficial respondents were appointed by order dated 05th November, 1999 and the only pay scale applicable to the new recruits in the new pay scale is of Rs.3200- 4900/-. However, the learned single Judge has gone into the merits and has observed that they have been appointed under the old Rules when the pay scale was Rs.1200-1800/- which was subsequently revised to Rs.4000-6000/-. By the appointment order issued after a period of two years, they cannot be treated as new recruits and they were extended benefit of revised pay scale of Rs.4000-6000/-. THE learned single Judge did not accept the contention of the respondents that the appointment of the unofficial respondents / petitioners can be treated in terms of Resolution no. 660 dated 08th February, 1999 and directed payment of salary in the pay scale or Rs.3200-4900/- as their appointment was under the old Rules in the pay scale of Rs.1200-1800/- which was subsequently replaced in the revised pay scale of Rs.4000-6000/-

(2.) THE learned counsel for the appellants contended before us that the unofficial respondents were treated as new recruits as they fall under the category of pay scale of Rs.3200-4900/- they are not entitled to the pay scale of Rs.4000-6000/- as they have come for the orders for payment for the period of two years they have been selected and sent for training on 21st July, 1995 and after training gave their joining on 27th October, 1997 and they had to wait for issuance of appointment letters for a period of two years, that does not entitle the appellants to say that they should be treated new recruits in the pay scale of Rs.3200-4900/- as their appointments were made way back in the year 1995 and having been sent for training for two years but at the time of issuance of appointment letter the pay scale was Rs.1200-1800/- which was revised in the pay scale of Rs.4000-6000/-. We have observed that there is no material before us placed by the appellants that the recruitment of unofficial respondents in the present appeal is in the scale of Rs.3200-4900/-.