SHEO RANJAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS appeal is directed against order dated 22.12.2004 in C.W.J.C. No. 12730 of 2003 passed by a learned single Judge of this Court, whereby and whereunder the writ application was dismsissed.

(3.) LEARNED counsel for the appellant contended that by virtue of the earlier order passed by this Court in C.W.J.C. No. 2490 of 1998 dated 16.9.1999 the appellant was given the scale of Rs. 850 - 1360. -1500 -2750 by the District Magistrate -cum -Chairman, Lodging House Committee, Gaya vide memo no. 1776 dated 23rd March, 2000, and, therefore, the appellant now is entitled for the replacement scale of Rs. 5000 -8000, but the learned single Judge of this Court ignoring this fact dismissed the writ application holding that he was never put in scale of Rs. 850 -1360. Learned counsel, therefore, contended that at the face of the order of the District Magistrate, Gaya dated 23rd March, 2000 the appellant would be deemed to be a Class III employee in the scale of Rs. 850. -1360 and consequently thereof, he would be entitled for the replacement scale of Rs. 5000 - 8000.