LAWS(PAT)-1995-8-37

RAM RAJ PANDEY Vs. STATE OF BIHAR

Decided On August 04, 1995
RAM RAJ PANDEY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Initially the petitioner prayed for issuance of an appropriate writ for direction commanding the respondents to consider his case for first and second time bound promotion on completion of 10 years and 25 years of service respectively and further, not to alter or change his status, position and scale of pay in any manner. .

(2.) It appears that latter, by an amendment petition filed on 24-7-1995 the petitioner prayed for quashing of the order dated 19-9-1991 contained in letter No, 770 of the Superintending Engineer, Public Health Engineering Department, Patna Circle (annexure-A) whereby and where under the scale of pay given to him on promotion on the post of Electricion Grade I having been found not to be according to the scale prescribed for the post as per the Fourth Pay Revision Committee Report, as accepted by the Government, the same has been withdrawn, and accordingly re-fixation of his pay has been done and consequently the excess amount drawn by him has been directed to be recovered from him and to fix responsibility on the assistant found to be at fault for the same and to initiate a departmental proceeding against him.

(3.) It seems that by order dated 1-12-1961 the petitioner was initially appointed against the post of Electrician-cum-Fitter in the pay-scale of Rs. 70-125 and he joined the said post in the Public Health Engineering Department (Drainage Division) Bhagalpur. Thereafter, by office order No. 6 dated 8-1-1970 (Annexure-2) the petitioner was promoted in the rank of Electrician grade I in the scale of Rs. 160-10-220-FB-10-320 FB-10-400 (minimum Rs 200 and maximum 300) with effect from 1-1-1970 and was posted at Dumka By office order dated 26-5-1071 (annexure-3) the aforesaid promotion of the petitioner was revised and made effective from 1-4-1964,