CHARCHIT ANAND Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS 1 to 6 were appointed as Correspondence Clerk whereas petitioners 7 and 8 were appointed as Record Keeper and Fee Collector, which are Class -Ill posts in the scale of pay of Rs. 4000 to 6000. They were appointed on compassionate ground due to death of their father or the husband during their employment in the Bihar State Agriculture Marketing Board (for short the Board). All of them have been appointed subsequent to 20th of June, 2001. Matter in relation to the grant of scale of pay of Rs. 4000 to 6000 to the persons appointed on compassionate ground instead of Rs. 3050 to 4590 came up for consideration before the Board of Directors of the respondent -Board in its meeting held on 27.2.2003. The Board by its resolution dated 27.2.2003 (Annexure -4) decided that persons appointed on compassionate ground after December, 2000 in the scale of Rs. 4000 to 6000 be paid salary in the scale of Rs. 3050 to 4590 but the amount already paid to them be not recovered. It further resolved that they had to pass the typing examination within a year failing which their services shall be terminated. In light of the aforesaid resolution of the Board of Directors, by memo dated 11.3.2003 (Annexure -3) petitioners were informed about the aforesaid decision and were asked to submit their consent within one week in case they are ready to work in the scale of Rs. 3050 to 4590. Petitioners were informed that their appointment in the scale of pay of Rs. 4000 to 6000 is illegal in view of Circular of the State Government.

(2.) PETITIONERS rushed with the present writ application assailing the aforesaid order and in the meanwhile it seems that they had given their option for continuances in the scale of Rs. 3050 to 4590. During the pendency of the writ application the respondent -Board had passed the orders dated 20.4.2003 and 8.5.2003 (Annexures -7 and 8) appointing the petitioners in the scale of Rs. 3050 to 4590 and also directing them to pass the typing test within one year. However it has been made clear that excess salary paid shall not be realised. Their further prayer is to quash the aforesaid orders by issuance of a writ in the nature of certiorari.

(3.) MR . Narendra Prasad Senior Advocate appearing on behalf of the petitioner submits that the petitioners were appointed in the scale of pay of Rs. 4000 - 6000, a vested right had accrued to them and hence respondents cannot reduce their scale of pay. In support of his submission learned counsel has placed reliance on a judgment of the Supreme Court in the case of Ex -Major N.G. Singhal V/s. Director General, Armed Forces Medical Services, New Delhi and another (AIR 1972 SC 628) and my attention has been drawn to paragraph 7 of the judgment, which reads as follows: "7. We think that the appellants condltions of service were governed by para 13 of Army Instruction No. l/S of 1954 and his previous full pay commissioned service should be taken in the matter of ante -date for the purpose of his pay. The condition of service in this regard was not liable to be altered or modified to the prejudice of the appellant by a subsequent administrative (Army) instruction which was given retrospective effect from 26th October, 1962."