SARJU PRASAD BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order, contained in letter dated 22nd December, 1990, issued from the Finance Department, by which they have demerged the cadre of Junior Accounts Clerk and Senior Accounts Clerk, and it has been ordered to recover the amount from the persons, who have received salary of the higher post of Senior Accounts Clerk since 1981, because of earlier order of merger.

(2.) Further prayer has been made for direction on the Respondents to refund a sum of Rs. 20,000/-, which has already been deducted from the salary of the petitioner and to refix the post retirement benefit of the petitioner, including pension, provident fund, leave encashment, gratuity etc. treating the petitioner to have continued against the post of Senior Accounts Clerk by virtue of the earlier order of merger. The petitioner was initially appointed on 1st February, 1963 in the Vishwa Bank Pariyojna under the Respondent State. His services were terminated on 1st September, 1967. Subsequently, the petitioner was appointed on 11th October, 1971 in the Rural Engineering Organisation as Junior Accounts Clerk. Prior to 1980, there were two posts in the cadre of Accounts Clerk, namely, Junior Accounts Clerk and Senior Accounts Clerk. On the basis of decision of the State Government issued in the year 1980, the posts of Junior Accounts Clerk and Senior Accounts Clerk were merged in the year 1980. However, when the recommendation of the fourth pay Revision Committee was accepted by the State Government, after such merger, vide Resolution dated 30th December, 1981, the post of Junior Accounts Clerk and Senior Accounts Clerk were provided with two different scales of pay. The different scale for two posts were also affirmed by the pay, namely removal Committee. Thereafter, the Respondents-State came but with the impugned order dated 22nd November'90 (Annexure-2/1) by which while giving reference of the aforesaid recommendation , of the fourth Pay Revision Committee, accepted by the Government, it was ordered to treat demerger with respect to the post of Junior Accounts Clerk and Senior Accounts Clerk, which was known as Accounts Clerk after its earlier merger. In pursuance of the impugned order dated 22nd November, 1990, the petitioner was treated to be a Junior Accounts Clerk and it was ordered to recover the excess amount that was paid to the petitioner since 1-4-1981 and a sum of Rs. 20,000/- was recovered from the salary of the petitioner. The petitioner retired from service on 28th February, 1994. Thereafter, the petitioner has been provided with the post retirement benefits, but not in the scale of pay of Senior Accounts Clerk, which was granted to the petitioner because of earlier order of merger.

(3.) It is further alleged that while in service, the petitioner was not granted salary and increments for certain period and has been provided with reduced scale of pay since March, 1989 till the date of retirement. Subsequently, time bound promotion was also granted.