NARSINGH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE writ petition was filed making out a grievance that though the appointment had been regularised the scale on which the petitioners were working as Rs. 4000 -6000/ -, instead after regularisation the petitioners and others were put in a scale which was lower i.e. Rs. 3050 -4500/ -. This aspect has been pleaded in para 30 of the writ petition and to fortify the contention the regularisation order on the scale which was being given to the petitioner -appellants is referred to in Annexure 16 dated 29.6.2002.

(3.) THE respondents could have confronted the petitioner -appellants and contradicted the stand by pointing out that the petitioner -appellants were never given the scale of Rs. 4000 -6000/ -. No such pleading was made by the respondents in the counter affidavit. The reply in the counter affidavit is contained in para 7. The respondents evaded the pleadings in the writ petition as was submitted in para 30 fortified by Annexure 16.