RAM YATAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Shyama Prasad Mukherjee, Senior Advocate for the petitioners and the counsel for the State.

(2.) PETITIONERS are serving as Head Clerk in the office of Joint Director, Agriculture, Tirhut Division, Muzaffarpur. They are aggrieved by the office order No. 11 bearing Memo No. 70 dated 21st February, 2009 and office order No. 9 bearing Memo No. 132 dated 02.04.2009, Annexures 2 and 2/1, whereunder their grant of first and second Assured Career Progression allowed to them in the scale of Rs. 5000 -8000/ - and Rs. 5500 -9000/ - under office order No. 4 bearing Memo No. 116 dated 25th January, 2007, Annexure -4 and office order No. 6 bearing Memo No. 118 dated 25th January, 2007, Annexure -4/1 has been cancelled with direction that they are entitled to grant of first and second Assured Career Progression in the scale of Rs. 4500 -7,000/ - and Rs. 5,000 -8000/ - with effect from 09.08.1999 and 23.06.2006 and other dates and the excess amount paid in terms of Annexures 4 and 4/1 is sought to be recovered in the light of the directions of the Director, Agriculture, Bihar, Patna bearing Letter No. 240 dated 27th January, 2009 issued in the light of the advice rendered by the Finance Department of the State Government whereunder it is said that the Head Clerk serving in the field office is not entitled to the higher scale of Rs. 5,000 -8,000/ - and Rs. 5500 -9,000/ - and in the light of the said instruction the impugned orders have been issued with effect from the date indicated in Column No. 1 and 2 of the two orders.

(3.) COUNSEL for the State has opposed the prayer. He stated that reference of the departmental letters dated 25th February, 1983 and 13th August, 1984, Annexures 8 and 9 are wholly misconceived as petitioners have been allowed higher scale in the light of the resolution of the State Government pursuant to the recommendations of the Fitment Committee which has been accepted by the Government under Resolution No. 660 dated 08.02.1999 whereunder the Head Clerks serving in the Secretariat and attached offices have been allowed the higher scale of Rs. 5,000 -8,000/ - and Head Clerks serving in the regional offices have been allowed the lower scale of Rs. 4500 -7,000/ - and in view of the contents of the resolution of the Government dated 08.02.1999 the reliance placed by the Joint Director in support of the representation of the petitioners over the letter dated 25.02.1983, Annexure -8 and 13.08.1984, Annexure -9 is absolutely misconceived.