RAMDHIN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) With effect from 1.1.1996 petitioner was getting his pay in the revised scale of Rs. 4,000-6,000/-. However, by dint of seniority he was put at the highest point of scale i.e. 6,000/- and 656 was granted to him as personal pay. On the date of retirement i.e. 31.12.2001 he was drawing the same. However, subsequently petitioner's case was considered for promotion to the post of Head Clerk along with others and by order dated 14.2.2003 (Annexure-3) petitioner was promoted to the post of Head Clerk and was placed in the scale of Rs. 4,500-7,000/-.

(3.) Petitioner's case is that as he was getting Rs. 6,656/- in the grade of Clerk, his pay scale in the grade of Head Clerk should have been fixed at the next higher point in the scale of Rs. 4,500-7,000/- taking into account his last pay drawn, which was Rs. 6,656/-. When the matter of revision of pension of the petitioner was placed before the Accountant General, the Accountant General found that out of Rs. 6,656/-, 656/- was his personal pay and, therefore, in terms of the Finance Department letter no. 22/2000/1336 dated 3.3.2001 (Annexure-C to the counter affidavit), petitioner was not entitled to get the benefit of his personal pay in fixation of his pay in the higher grade. Accordingly by Annexure-1 the scale of the petitioner was revised and fixed in the higher grade of Head Clerk and was communicated to his Controlling Officer with stipulation that in case on account of difference of pay fixation, the petitioner has received some monetary benefits, the same should be adjusted. Petitioner has challenged this order of the Accountant General in this application.