LAWS(PAT)-2019-7-126

SRIKANT DUBEY Vs. STATE OF BIHAR

Decided On July 12, 2019
Srikant Dubey Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) In C.W.J.C. No. 12882 of 2019, the petitioners who are 75 in number seek quashing of various memos, details of which have been stated in the first paragraph of the writ petition whereby the Commandant of BMP 5, Patna in terms of decision taken by the Committee has fixed the pay scale of petitioners at Rs. 3200-4900/- for the post of Hawaldar and has directed for recovery of excess amount which had been disbursed to the petitioners. The petitioners have further prayed for quashing the recommendation of the Committee dated 12.03.2019 whereunder the Committee had recommended that in case of such Constables who have been promoted to the post of Hawaldar or have been given the pay scale of Rs. 4000-6000/- and have been given the benefits of MACP shall be issued individual show cause notice as to why their scale be not refixed in terms of the financial rules.

(3.) In C.W.J.C. No. 13830 of 2019, the petitioners who are 23 in number have sought quashing of the order dated 03.05.2019 passed by the Commandant BMP-4, Dumraon, Buxar and communicated to all concerned vide Memo No. 1166 dated 03.05.2019 whereby the conversion of the petitioners from general Constables to literate Constables and subsequent grant of pay scale of Rs. 4000-6000/- with effect from 01.01.1996 and other financial benefits granted to them was held to be contrary to the financial rules and therefore the same has been directed to be recovered as also for quashing of the order dated 12.06.2017 issued by the Commandant BMP-4 intimating the petitioners that the benefits given to them have been modified.