LAWS(PAT)-2017-5-40

ARUN KUMAR SINGH Vs. BIHAR STATE ELECTRICITY BOARD

Decided On May 03, 2017
ARUN KUMAR SINGH Appellant
V/S
BIHAR STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) The judgment under challenge in the Letters Patent Appeal is dated 25.06.2014. The writ application of the present appellant had been dismissed by the Learned Single Judge holding that the speaking order passed in Annexure - 14 to the writ application does not warrant any interference. Therefore, the claim of the appellant that he is entitled to carry the three increments, which he had earned as a Bill Clerk by passing the departmental examination to another post of Lower Division Assistant was held to be not applicable to the facts of the case.

(2.) The appellant, no doubt, was initially appointed as a Bill Clerk on a pay-scale of Rs. 1300-2240.00 w.e.f. 09.05.1986. While working as Bill Clerk he passed the departmental examination and earned three advance increments w.e.f. 24.11990. Therefore, his pay became Rs. 1620.00 .

(3.) The erstwhile Electricity Board issued advertisement for appointment on the post of Lower Division Assistant. This was a limited competitive examination, available to the employees. Since the said post carried higher pay-scale and emoluments, the appellant applied, got selected and appointed. The pay-scale for Lower Division Assistant was fixed at Rs. 1400-2450.00. The petitioner made a grievance that the advantage of the three increments, which he had earned on the previous post of Bill Clerk, should be reflected and protected in the fixation of pay, on appointment as Lower Division Assistant. He also sought parity with one Surendra Kumar.