BIJAY KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) From Annexure-9 to the memorandum of appeal, a letter dated 29th April, 1965, it appears that the State Government by a letter dated 24th October, 1956, treated Nepal allowance as special pay. From one of the annexures forming part of annexure 3 series to the memorandum of appeal, being a letter dated 11th July, 1986, it appears that the State Government agreed to pay Liaison Officer posted by the State of Bihar at Kathmandu, a sum of Rs. 5725/-as and by way of Nepal allowance. Though the decision of the State of Bihar pertaining to increase of Nepal allowance with effect from 1st December, 1988, is not on the record, but there is no dispute that with effect from 1st December, 1988, the existing Nepal allowance stood increased by 25 per cent thereof. As a result, on and from 1st December, 1988 the employees of the State Government posted by the State of Bihar at Kathmandu as Liaison Officer became entitled to Rs. 5725 plus 25% as and by way of Nepal allowance.

(2.) The appellant, an employee of the State of Bihar, while working as Assistant Engineer in the Water Resources Department, was asked by the State Government by a letter dated 7th January, 1989 to discharge duties of Liaison Officer at Kathmandu. In terms thereof, the appellant started discharging the duties of Liaison Officer of the State of Bihar at Kathmandu on and from 12th January, 1989 and while the appellant was so posted as Liaison Officer at Kathmandu, though he became entitled to Nepal allowance as above, but ceased to be entitled to dearness allowance as was payable to him prior to his posting as Liaison Officer.

(3.) While the appellant was discharging the duties of Liaison Officer of the State of Bihar at Kathmandu, on 4th November, 1993 a decision was taken by the State of Bihar to pay dearness allowance to the Liaison Officer of the State of Bihar posted at Kathmandu at the same rate as other State Government employees are entitled to such allowance and at the same time it was decided that the Nepal allowance shall stand reduced to Rs. 2000. This decision was made effective from 1st March, 1993. As a result, admittedly, the appellant started, receiving, less from March, 1993 than what he was receiving upto February, 1993. While the Government of Bihar reduced the special allowance, namely, Nepal allowance, and thereby reduced the emolument of the appellant, did not give an option to the appellant to return to the State. The appellant, therefore, remained working as Liaison Officer of the State of Bihar at Kathmandu and continued to receive less emolument until he was posted out of Kathmandu on 22nd June, 1986.