SHEIKH MANJAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioners and the State. The petitioners were employed as Warder in the Ranchi Institute of Neuro Psychiatry and Allied Science (hereinafter referred to as 'RINPAS'). Their services were transferred to the Regional Deputy Director, Gaya in the undivided State of Bihar by an order dated 15.9.1998. It is not necessary to take note in detail of the challenges laid out by the petitioners to the order of transfer except to the extent necessary.

(2.) THE erstwhile Ranchi Bench of this Court in CWJC No. 2296 of 1998(R) and 2989 of 1998(R) while declining to interfere with the challenge to the order of transfer by its order dated 24.3.2000, nonetheless noticing the submission on behalf of the petitioners that some of the persons transferred in like manner had been granted pay protection while the petitioners had simply been directed to join the office of the Regional Deputy Director, Health Services, Gaya Division, Gaya, held that the petitioners would be entitled to pay protection as well as of their seniority in service. In arriving at this conclusion, the Bench relied upon certain directions of the Secretary, Ministry of Health, Government of India and the Secretary, Health Department, Government of Bihar vide his letter no. 458 (10) dated 2.11.1994. A mandamus was then issued in paragraph 9 of the judgment to the following effect: -

(3.) IT appears that thereafter orders were issued by the Civil Surgeon concerned on 9.3.2006 revising the pay scale of the petitioners from that of Ward Attendant at Rs. 2,550 -3,200/ - to 3,050 -4,590/ - in the revised scale which as per the letter of the Secretary of the Health Department dated 30.8.2001 was admissible to the petitioners. In this background, the petitioners came to this Court in CWJC No. 5164 of 2004 when they acknowledged that they had been granted pay protection in terms of the pay scale being given to them on the post of Warder in the RINPAS. The issue now was only with regard to the arrears of their salary as noticed in the letter of the Secretary, Department of Health dated 30.8.2001. Since no counter affidavit was filed on behalf of the Respondents, despite grant of sufficient opportunity, the Court did not think it proper to pass any positive orders on the question of arrears of salary which may involve issues of fact, which obviously meant the period which the petitioner may have worked or may not have worked or whether willing to work and were denied to work etc. only. What has followed thereafter is the impugned order dated 29.3.2007. The impugned order reverts them to the pay scale of a Ward Attendant and deprived them of the benefit of the pay protection granted by order dated 9.3.2006. It seeks to rely upon fresh concurrence sought from the Finance Department.