RAJESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the writ petitions, as common points of law are involved, they were heard together and are being disposed of by this common order.

(2.) The petitioners of both the writ petitioner have challenged the letter bearing Memo No. 443 dated 26th May, 1995, issued by Special Officer- cum-Deputy Secretary of Water Resources Department, by which all Deputy Collectors and Additional Collectors of different Revenue Division have been intimated to treat the erstwhile Muharrirs, as separate to that of the Lower Division Clerks. It has further been intimated that the erstwhile Muharrirs will be receiving the lower scale of Rs. 535-765/- with effect from 1.4.1981, with revision in the scale of Rs. 970-1540/- with effect from 1.1.1986. In effect, the scale of pay of the petitioners, who were initially appointed as Muharrirs and subsequently designated as Lower Division Clerks, their scale of pay have been downgraded, and it has been ordered to make recovery of excess amount from their salary, which was paid to them since 1.4.1981.

(3.) The brief facts of the case are, as follows: