NAGENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Despite indulgence shown to the State no counter affidavit has been filed on their behalf.

(2.) There are four petitioners in the present writ application. All four came to be appointed as Laboratory Incharge in the Department of Zoology, Botany, Physics and Chemistry. The appointment was made by the College which is known as B.D. Evening College, as far back as on 29.8.1980 as would be evident from Annexure-1 series. After some time the State Government sanctioned those posts on regular basis which would be evident from the notification contained in Annexure-5 dated 28.4.1983 which has been issued under the signature of the Additional Secretary, Department of Education, Govt.of Bihar. This notification not only indicates the number of posts sanctioned but also the pay scale which those posts were entitled to So far as the present petitioners are concerned for the post of Laboratory Incharge, the pay scale shown was Rs. 730-1,080/-.

(3.) Petitioners were made permanent in the college and they drew their salary on the pay scale which was also notified by the University. They are also drawing upgraded pay scale of Rs. 785-1,210/-. The decision with regard to the pay scale was also indicated by a notification issued by the University as far back as on 4.10.1991. All was well till a notification issued on 18.5.2009 under the signature of the Registrar of Magadh University came into existence which is Annexure-14 to the writ application. By virtue of this notification the pay scale of the petitioners were down graded on the basis of so-called notification issued in the year 1991 which has been annexed as Annexure-R/1 to the counter affidavit filed on behalf of the University.