VIDYA NAND SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The four petitioners obtained rule of this Court on the basis of their application under Articles 226 and 227 of the Constitution of India. In the application, they have prayed for issuance of writ on respondents 1 to 4 to show cause why an appropriate writ, order or direction should not be issued directing the respondents to allow the petitioners with effect from 1st January, 1971, the scale of pay of Rs. 425 to Rs. 710/- which was the sanctioned scale of the Bihar State Electricity Board, respondent No. 3.

(2.) In order to appreciate the points involved in this application, it would be necessary to state briefly the facts. All the four petitioners were overseers serving under respondent No. 3. At present, they are serving with respondent No. 1 as deputed by respondent No. 3. The scales of pay prescribed by respondents 1 and 3 were identical upto 31-12-1970. Respondent No. 3 revised the scale of the overseers among others by Notification dated 29th March, 1973, contained under Annexure 1 from Rs. 200 to Rs. 660/-. Further, enhancement of the scale was made by Notification dated 18th April, 1973 -- Vide Annexure 2, according to which the scale of pay of the overseers was fixed at Rs. 425/- to 710/-. There is a further Note in the said Notification which reads as:

(3.) Vidya Nand Sinha, petitioner No. 1, was appointed by respondent No. 3 as a temporary overseer on 18th January, 1962 and was confirmed as a permanent overseer with effect from 1st August, 1967. He was deputed by respondent No 3 to work in the department of respondent Mo 1 from 23rd July. 1966; whereas Thakur Chittaranjan Prasad Singh, petitioner No. 2, was appointed as a temporary overseer by respondent No. 3 on 19th January, 1962 and was confirmed by respondent No. 3 with effect from 1st August, 1967. He was deputed by respondent No. 3 to work in the department of respondent No. 1 on 18th January, 1968. Ramashrav Prasad Singh, petitioner No. 3 was also appointed as a temporary overseer by respondent No. 3 on 2nd March, 1964 and he was deputed in the department of respondent No. 1 on 21st August, 1967, where he is still holding a temporary post. Lastly Kamla Prasad Sinha, petitioner No. 4. was appointed on 9th May, 1964 by respondent No. 3 as a temporary overseer and he was sent on deputation to the department of respondent No. 1 with effect from 21st August, 1967, where he is also, like petitioner No. 3, holding still a temporary post.