SARASWATI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners challenging memo No. 1247 dated 6.6.2008 issued under the signature of the Deputy Secretary, Department of Human Resources Development (Higher Education), Government of Bihar, by which promotion granted to the petitioners pursuant to re-designation of their posts from Laboratory Assistants to Demonstrators have been cancelled and also challenging any other consequential order passed by the authorities concerned and further for directing respondent-authorities to allow the petitioners to discharge their duties on promotional post and also to allow them all the benefits attached with the said promotional posts. I.A. No. 5797 of 2008 was filed by the petitioner for addition of a relief challenging letter No. 342 dated 8.8.2008 (Annexure-14), issued by the Accountant General, Bihar, Patna, directing the Treasury Officer, Patna to stop the salary and allowances of the petitioners and to recover the amount paid as salary giving reference to impugned order dated 6.6.2008. A further prayer was made for directing respondent-authorities to continue payment of salary and allowances as before and not to make any recovery of the amount paid as salary till date. Subsequently Principal of the College also issued office order dated 8.10.2009 reducing the salary of the petitioners to the basic minimum in the scale of Laboratory Assistant. All these orders of the authorities have been challenged in the instant writ petition.

(2.) I.A. No. 3815 of 2010 was filed by the petitioners bringing subsequent events on record and also seeking addition of a further relief of quashing office order No. 395 dated 8.10.2009, issued under the signature of the Principal of Government Womens' College, Gulzarbagh, Patna, by which the salary of the petitioners had been reduced to the basic minimum in the scale of Laboratory Assistant and salary was directed to be paid since August, 2009 in the said scale and also for directing respondent-authorities to grant to the petitioners their current salary and the arrears of salary in the scale of Lecturer in the light of the impugned orders being stayed by this Court and also in view of the said impugned order being arbitrary for the reason that it reduced the salary of the petitioners to the basic minimum without taking into account their unblemished service records of three decades.

(3.) This writ petition was earlier heard on 8.1.2010 when an interim order was passed that pending disposal of the writ petition the impugned order dated 6.6.2008 (Annexure-11) shall remain stayed in so far as the aspect of recovery was concerned and consequential letter dated 8.8.2008 (Annexure-14), issued by the Accounts Officer to the Treasury Officer, was directed to be read in context of Annexure-11 as there could be no complete stoppage of salary.