NANDA ARYANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) FUNDAMENTAL Rules 22(I)(a)(1) and 22(I)(a)(2) replaced Fundamental Rule 22(c). The relevant portion of Fundamental Rule 22(c), which was replaced by Fundamental Rules 22(I)(a)(1), was as follows: When the appointment to the new post does not involve such assumption of duties and responsibilities of greater importance, he shall draw as initial pay, the stage of the time -scale which is equal to his pay in respect of the old post held by him on regular basis, or, if there is no such stage, the stage next above his pay in respect of the old post held by him on regular basis.

(2.) AS against that, Rule 78(a)(ii) of the Bihar Service Code provided, amongst others, as follows: When appointment to the new post does not involve such assumption, he will draw as initial pay the stage of the time -scale which is equal to his substantive pay in respect of the old post, or, if there is no such stage the stage next below that pay, plus personal pay equal to the difference and in either case will continue to draw that pay until such time as he would have received an increment in the Time -scale of the old post or for period after which an increment is earned in the time -scale of new post, whichever is less.

(3.) IN terms of the said decision of the Government, On 17th January, 1991 the pay of the petitioner with effect from 1st July, 1987 was fixed at Rs. 1560/ -, upon the petitioner obtaining a promotion as dealt with by the Rules set out above.