SATYENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS have filed this application for issuance of a direction to the respondents to make payment of their salary in the pay scale of Rs. 4,000 -6,000/ - from the date of their appointment.

(2.) PETITIONERS have been appointed on the post of Jansewak/V.L.YW. in accordance with the provisions of the Bihar Village Level Worker and Village Extension Officers (Recruitment and Conditions of Service) Rules, 1987. As per the Rule, the District Level Selection Committee was authorised to select candidates for being appointed to the post of VEW/VLW in the pay scale of Rs. 580 -770/ -. Such selected candidates had to unJergo for two years extensive training before being posted/appointed.

(3.) PETITIONERS grievance is that on account of being appointed in the pay scale of Rs. 1200 -1800/ - they are entitled for the revised scale of Rs. 4000 -6000/ - instead of 3200 -4900/ -. Their selection process was complete in the year 1987 and they gave joining in the office of the District Magistrate in 1997. They kept on waiting for issuance of appointment letters for two years. Their appointment was under the old rules in the pay scale of Rs. 1200 -1800/ - of which replacement and revised scale is 4000 -6000/ -. In this circumstances their appointment cannot be treated as a new recruitment and in view of Finance Department Resolution No. 660 dated 8.2.1999 they should not be held entitled for receiving salary in the pay scale of Rs. 3200 -4900/ -. This pay scale is for new recruits in future, but so far the process of appointment of the petitioners is concerned, it started long time back in the year 1995 and their letter of appointment/posting was issued in the month of November, 1999 i.e. subsequent to the issuance of Resolution No. 660 dated 8.2.1999 of the Finance Department. Clause 10 of this resolution has application in case of future recruitment and not in those cases where process of appointment started prior to issuance of this resolution. The revised scale fixed by the Bihar Gazette Extra, dated 13.2.1999 for VLW has no application in the case of the petitioners as they were appointed in the pay scale of Rs. 1200 - 1800/ - and the revised scale for that is Rs. 4000 -6000/ -.