AWADHESH KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner has prayed for issuance of an appropriate writ for quashing of an office Order No. 63, dated 8-7-1985 as contained in Annexure-7 to the writ application and order, dated 14-8-1985 as contained in Annexure-8 to the writ application, whereby and whereunder the petitioner's representation was rejected and also an order, dated 24-9-1986 as contained in Annexure-10 to the writ application.

(2.) The facts of the case lie in a very narrow compass. The State of Bihar established an Engineering Cell on 12-2-1973 with certain posts including that of Senior Accounts Clerk and Junior Accounts Clerk at the then prevalent scale of pay of Rs. 284-372 and Rs. 220-315 respectively. By an order, dated 18-2-1981 the aforementioned cadres of Senior Accounts Clerks and Junior Accounts Clerks were merged with retrospective effect from 1-5-1980 and a scale of pay of Rs. 260-408 was fixed for the aforementioned post. It has been stated that the said decision of the State of Bihar relating to merger of the cadres of Juaior Accounts Clerk and Senior Accounts Clerk were given effect to by all concerned. It has further been asserted that the aforementioned scale of pay of Rs. 260-408 payable also to an Accounts Clerk, where a candidate was initially appointed Senior Accounts Clerk in the establishment of respondent No, 3 at all materials time even prior to the acceptance of the recommendation of the 4th Pay Revision Committee.

(3.) It is admitted that the State of Bihar has accepted the recommendation of the 4th Pay Revision Commission by a Memo bearing No. 10770 dated 30th December, 1981 with retrospective effect from 1-4-1981 as a result whereof the aforementioned scales of pay of Rs. 260-408 was revised to the scale of pay of Rs. 730-1008. The petitioner has also asserted that even after the financial year 1984-85, the State of Bihar again sanctioned a scale of Rs. 730-1080 for the post of Accounts Clerk for the year 1985-86 and 1986-87 as are evident from Annexures-4 and 4/1 to the writ application.