KUNAL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner, who is presently working as Editor, Rajbhasha Patrika, seeks issuance of a writ in the nature of mandamus, commanding the respondents to provide him the pay scale of Rs. 1000-1820, later revised to Rs. 2000-3500/- with effect from 1-1-1986. The post of Editor, Rajbhasha Patrika was sanctioned and created in the pay scale of Rs. 1000-1820 by the order of the Government vide Sanction Order No. 1640 dated 8-9-1986 (Annexure-2). Such scale was at par to the pay scale of the Deputy Director, Department of Rajbhasha.

(2.) It appears on behalf of certain employees of Rajbhasha Department a representation was filed before the Minister Incharge against the decision of the Government to fill up the post of Editor from open market. It is alleged considering such a representation, the Minister by modifying the minimum requirement of qualification reduced the scale to Rs. 880-1510/- from Rs. 1000-1820/- to enable the repre- sentationists to apply for the post.

(3.) Undisputedly, thereafter, the post was advertised by the Bihar Public Service Commission in a daily newspaper, disclosing the pay scale of Rs. 880-1510/-. A copy of such advertisement is Annexure-5 to this writ petition. The petitioner and several others applied for the post and after following due process of selection, he got his appointment and joined the post on 2-8- 1988. This is also not in dispute that as per the revised pay structure on the basis of recommendation of the 5th Pay Revision Committee-cum-Fitment Committee, replacement scale of the petitioner was fixed to Rs. 1640-2900.