JAWAHAR PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Dr. M.P. Shukla, learned Counsel for the petitioners, No one appears for the State.

(2.) The petitioners seek quashing of paragraph 8 of the Resolution No. 6758 dated 5.9.03 (Annexure-16) of the Finance Department, Government of Bihar, whereby the Time Bound Promotion and other promotions granted to them under the State sponsored Scheme some 28 years back had been order to be ignored and their pay had been ordered to be fixed in the revised scale of Basic grade. The further prayer of the petitioners is that their salary should be fixed at the revised scale of pay revised for the post on which they are presently working or before they retired after 1.1.96.

(3.) The issue involved in the present case is no longer res integra, Earlier a similar notification contained in Letter No. 1300/2001 with respect to the Professors and Readers of the Universities had come up for challenge in a batch or writ cases, namely, C.W.J.C No. 1956 of 2001 and six analogous cases Dr. Amar Nath Singh and Ors. State of Bihar and Ors. and by order dated 14.2.2002 learned single judge of this Court had set aside the similar notification as contained in paragraph 14 of the said letter No. 1300 dated 20.7.2001 of the State Government. The matter was taken to appeal by the State of Bihar and by order dated 23.8.2006 passed in L.P.A. No. 500 of 2002 and six analogous cases all the appeals were dismissed. In similar matter relating to other teachers of Muzaffarpur institute of technology namely C.W.J.C No. 1644/04 and C.W.J.C. No. 10355/05 this Court by order dated 13.9.2005 had disposed of the writ application in terms of the decision in the L.P.A. Judgment (L.P.A. No. 500/02.)