THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA Vs. SATYENDRA SHARMA, SON OF LATE RAMADHIN SHARMA, RESIDENT OF VILLAGE

JUDGEMENT

(1.) State is in Intra-Court Appeal against the judgment and order dated 21.11.2011, passed in C.W.J.C. No. 9829 of 2010 (Satyendra Sharma Vs. The State of Bihar ) .

(2.) As pleadings are complete, with consent of learned counsels for the appellant, the State and the private contesting respondent, who was writ petitioner, we have heard this matter at length for its final disposal at this stage itself.

(3.) There are no disputes with regard to the facts. The dispute is essentially with regard to the revised pay which the writ petitioner/respondent would be entitled consequent to pay revision w.e.f. 01.01.1996. The learned Single Judge was of the view that as the writ petitioner/respondent had been promoted to the post of Fitter Grade - II in the year 1981, he was in the pay scale of Rs. 975 - 1540.00, he thereafter got the second Time Bound Promotion. As per the scheme of the Time Bound Promotion invoked, he became entitled to the next higher pay scale. The first thing to notice is, it is not a promotion. The second thing is that he would be entitled to only pecuniary benefits of the next higher pay scale. Accordingly, the writ petitioner/respondent was put in a pay scale of Rs. 1200 - 1800.00. This was the position on 31.12.1995. In the year 1999, by resolution dated 08th Feb., 1999, the State Government accepted the recommendation of the Pay Revision Commission as well as various recommendations of the Fitment Committee, and the same was notified. This is Annexure-B to the counter affidavit of the State in the writ proceedings. This Pay Revision was made effective retrospectively with effect from 01.01.1996.