RAM DAYAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed praying for certiorari to quash the office order dated 7.7.1992 as contained in Annexure -11 issued by the Executive Engineer, Electric Works Division, Ranchi (Respondent no.5) and also office order no. 140 dated 7.7.1992, as contained in Annexure -12 whereby the petitioner has been reduced to lower pay scale without initiating any departmental enquiry or issuance of any notice of show cause to the petitioner. Further prayer has been made for direction to the respondents to pay his retirement benefits to the petitioner on the basis of his pay at Rs. 1770/ - fixed vide office order dated 2.4.1992 as contained in Annexure -9.

(2.) THE petitioner joined the service in the Electricity Department of the State of Bihar as Lift Man and subsequently posted as Lineman Grade -I vide Annexure -1 dated 6.8.1981. He was posted in the year 1981 in the office of the Electrical Engineer, Ranchi vide Annexure -2 as Lineman Grade -I. His initial pay was lower and after giving increment vide Annexure -3 his pay was increased first in the scale of Rs. 425 -605/ -. But, there was some anomaly in the pay fixation of the petitioner as he was regularised in the pay scale of Rs. 240 -396, although, he ought to have been put in the pay scale of Rs. 535 -675 -765/ - as per Annexure -4. After retirement, petitioner has not been paid his retiral benefits as pay fixation was not made in proper way and hence this petition has been filed, when office orders were issued as contained in Annexures -10, 11 and 12.

(3.) IN the counter affidavit, it has been stated that initial appointment of the petitioner was as a Lineman as there was no post available at Koderma at that time in Linemen Grade -I but because of the mistake of the department, the petitioner's appointment was given as Lineman Grade -I for which anomaly arose and the Finance Department took objection as a result of which the petitioner's pay scale had been reduced and hence abovementioned Annexures had been issued.