SRI PANKAJ KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The instant Letters Patent Appeal has been filed on behalf of the petitioner-appellant against the order dated 11.04.2014 passed in C.W.J.C. No. 12147 of 2013, whereby and where under the Writ Court after hearing the parties dismissed the writ application

(2.) The petitioner has filed C.W.J.C. No. 12147 of 2013 against the order dated 24.09.2012 and order dated 09.04.2013, contained in Annexures-1 and 1/A and 1/B, issued by the Superintending Engineer, Road Construction Department, Road Circle, Saharsa whereby the petitioner was reverted and order of recovery was made on account of the fact that the petitioner was paid salary in the pay scale of Rs. 4000 6000/- instead of his entitlement of Rs. 3050 4590/-. The Writ Court considered the various aspects of the matter and noted that while effecting 6th Pay Revision Committee recommendation with effect from 01.01.2006 he was not entitled to the revised pay scale of Rs. 5200 20200/- with Pay Grade of Rs. 2400/-. The Writ Court rejected the contention of the counsel for the petitioner that since the petitioner was appointed as Junior Accounts Clerk and, as such, he was entitled to the pay scale of Junior Accounts Clerk notwithstanding the fact that he was appointed on compassionate ground. The Writ Court on consideration of the fact that the petitioner was appointed on compassionate ground and, as such, he was not entitled to the pay scale of Rs. 4000 6000/- which is the regular pay scale of regularly appointed Junior Accounts Clerk. The Writ Court also considered the grievance of the petitioner in the light of the judgment of the Apex Court in the case of Chandi Prasad Uniyal & Others Vs. State of Uttarkhand and another, (2012) 8 SCC 417 and held out that the petitioner is not entitled to the pay scale, which he received and, as such, there is no infirmity in the order passed by the respondent directing recovery of the excess amount, which the petitioner received.

(3.) Aggrieved by the decision of the Writ Court dated 11.04.2014 passed in C.W.J.C. No. 12147 of 2013, the appellant has preferred this appeal under Clause 10 of the Letters Patent of Patna High Court Rules.