RANJAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) -In this writ application the petitioners pray for issuance of appropriate direction to the respondents to promote them on the post of Junior Engineer and to pay salary in the scale of Rs. 1500-2750/- after their time-bound promotion from 10-11-1995 along with other candidates.

(2.) In short, the facts of the case is that the petitioners claim to be qualified Draftsman having two years' Diploma from I.T.I. It is stated that they were directly appointed on the post of Draftsmen vide Government letter No. 2661 dated 23rd December, 1984 in the scale of Rs. 680-15-890-EB-15-965, which was later replaced by the scale of Rs. 1320-2040 as per the Fourth Pay. Revision Committee's report. The petitioners, after completion of ten years, service were given time-bound promotion vide Government letter No. 935 and 936 dated 10-11-95. It is claimed by the petitioners that they were drawing the salary in the scale of Rs. 1320-2040 before their aforesaid time-bound promotion in the year 1995. yet after the time-bound promotion, they have been placed in the scale of Rs. 1400-40-1800-50-2300 in place of the replacement scale of Rs. 1500-2750.

(3.) The petitioners claim to have represented before the authorities concerned demanding the aforesaid scale of Rs. 1500- 2750, vide annexures 3, 3-A and 3-B. But on verbal refusal by the authorities concerned to enhance the scale, they filed the present writ petition. Later, when after filing of the present writ petition, the respondents issued order on 26-3-96 vide letter No. 34 cancelling the promotion of the petitioner No. 1 granted vide memo No. 936 dated 10-11-95 and further directing for the consequential recovery of the excess amount, he challenged the validity of the said office order in the supplementary affidavit; filed on 11-4-96, to which the copy of the said order has been annexed as annexure-4.