RAJ KRISHNA MALLIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was appointed as a Draftsman in the year 1970 in the pay scale of 100-130 in the Darbhanga Survey Settlement Office. The petitioner was granted the first increment on 24.01.1971. According to the respondent-Siate, he was entitled to a salary of Rs. 205/-, whereas he was paid a salary of Rs 208/-. The extra salary was on account of the increment granted to him. In the subsequent years also, he continued to get the said increment and the replacement scales.

(2.) The main objection of the respondent at Annexure-9 dated 13.11.2007, is that the petitioner could not have been granted the said increment in the year 1971 as he had not passed the Hindi Noting and Drafting Examination. It is accepted in the impugned order as contained in Annexure-9 that the rule for passing the Hindi Noting and Drafting Examination came into existence on 10.06.1977. The said rule is annexed in the counter affidavit, which would indicate the aforesaid facts. It is also admitted that the moment the rule came into existence, the petitioner appeared for the Hindi Noting and Drafting Examination and was declared successful in the said examination.

(3.) The present order has been passed on completely wrong premises that the petitioner would not be entitled to increment on the ground that he had not passed the Hindi Noting and Drafting Examination in the year 1971, when he was granted the first increment. Such a presumption is obviously misplaced. Where conditions are not laid down for being granted a higher pay scale, it cannot be said that there is a violation because the provision has been subsequently introduced by the State Government.