LAWS(PAT)-2016-7-141

BENKTESHWAR UPADHYAY SON OF LATE YADUVANSH UPADHYAY RESIDENT OF DR. NARAYAN PRASAD LANE, MOHALLA KAZOOR BANNA, POLICE STATION SULTANGANJ, P.O. MAHENDRU, DISTRICT PATNA Vs. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT (HIGHER EDUCATION), GOVT. OF BIHAR, PATNA

Decided On July 13, 2016
Benkteshwar Upadhyay Son Of Late Yaduvansh Upadhyay Resident Of Dr. Narayan Prasad Lane, Mohalla Kazoor Banna, Police Station Sultanganj, P.O. Mahendru, District Patna Appellant
V/S
The State Of Bihar Through Principal Secretary Department Of Human Resources Development (Higher Education), Govt. Of Bihar, Patna Respondents

JUDGEMENT

(1.) Annexure-3, dated 19.4.2007 issued under the signature of the Registrar of Patna University has been challenged in the present writ application. By virtue of this order, the pay scale of the petitioner has been re-revised and reduced. Since the revision has the effect of lowering the pay scale, petitioner is aggrieved.

(2.) As per the averment in the writ application, petitioner was initially appointed as a Junior Laboratory Assistant with effect from 1.8.1970. He was initially posted at PMCH but was later transferred in the month of May 1971 to Science College. As per him, vide letter no.3669 dated 26.3.1992, his service was also confirmed with effect from 30.4.1971. Petitioner was allowed a pay scale of Rs.200-300, as per notification dated 15.3.1973. Subsequently, on the recommendation of the 3rd Pay Revision Committee, the pay stood revised to Rs.340-490. The pay scales subsequently stood revised from time to time as and when Pay Revision Committee recommendations came to be notified.

(3.) According to the petitioner, as per pay revision recommended by the UGC with effect from 1.1.1996, petitioner's pay was fixed as Rs.5000-8000. Annexure-2 has been annexed in support of the above fact. However, vide decision dated 19.4.2007 (Annexure-3), the pay scale of the petitioner was revised to Rs.4000- 6000, which has the effect of lowering the pay scale and having consequences for the petitioner.