AMRESHCHOUDBARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) - We have heard counsel for the Parties at length and we are not persuaded to admit this writ petition. We are, therefore, disposing of the same at the admission stage itself for the following reasons.

(2.) The petitioners have filed this writ petition seeking a direction from this Court directing the respondents to grant to the petitioners the pay-scale of Class III employees and to absorb their services, consequent upon the winding up of respondent Water Development Corporation, in the same scale.

(3.) According to the petitioners, they were appointed as Class IV employees and wete working as Helpers in the Bihar Water Development Corporation. Under Annexure-I, the order dated 14-12-1975, petitioner No. 1 was directed by the Executive Engineer to discharge the duties of Muharrir in his own pay-scale. A similar order was passed by the Executive Engineer permitting petitioner Nos. 2 and 3 to discharge the duties as Technician and Compiling Clerk in their own scale of pay. Similarly, by an older dated 14-12-1977 (Anncxure-3) the Executive Engineer permitted the Sub-divisional Officer, Tubewell, to take work from petitioner No. 4 as Muharrir (Revenue Clerk) in his own pay-scale. It is apparent from the orders uforesaid that though the petitioners were permitted to work against posts in Class III scale, they were not allowed the pay-scale of Class III, but were allowed the pay-scale admissible to them as Class IV employees, It appears fom Annexure-4 that the Executive Engineer by his order dated 16-5-1979 directed the the petitioners and two others be given the pay-scale of Class III. The order itself mentions that in the absence of orders from the higher authorities, such an order was being made by him,, since the persons concerned were discharging the duties of higher post. The next document is Annexurc-5, which is tbe letter of the Chief of Administration of the respondent Corporation addressed to the Executive Engineer. This letter datad 28-7-1979, notices the fact that despite tbe clear orders of the Corporation dated 21-6-1978 and 1-8-1078 placing a ban en promotion of employees, the Executive Engineer had passed orders contrary to the orders of the Corporation, He was, therefore, directed to immediately cancel those promotions with retrospective effect, and to intimate compliance to the Corporation. This order, which was made on 28-7-1979 clearly directed the Executive Engineer to cancel the promotion, as it was contrary to the clear direction contained in earlier orders of the Corporation. It, however, appears that some corresposdence was exchanged between tbe Field Officers and head-quarters of the Corporation as to whether the. order of the Executive Engineer granting to the petitioner the higher pay-scale should be given effect. There is no order oo record to show that the order of the Chief of Administration dated 28-7-1979 .A0nexure-5) was ever withdrawn.