NAVIN PRAKASH NARAIN Vs. BIHAR STATE EXPORT

JUDGEMENT

(1.) In this application under Articles 226 and 227 of the Constitution of India a prayer has been made by petitioner, Navin Prakash Narain, for the issuance of a writ of certiorari quashing the resolution of the respondent No. 1, the Bihar State Export Corporation Ltd., as contained in item No, 37/17 of the proceedings of the 37th meeting of the Board of Directors of Bihar State Export Corporation held on 1st October, 1988, as contained in Annexure -15, whereby it is alleged that there was reduction in the pay scale of the petitioner and he was also reduced in rank by designating him as an Assistant Manager. Further prayer has been made for issuance of a writ in the nature of mandamus, commanding the respondents to give the salary to the petitioner in the scale in which he was absorbed. Vide Annexure -9 as Marketing Branch Manager, with all consequential benefits including time bound promotions etc.

(2.) It may be slated here that the petitioner was working as a Technical Officer in Export Inspection Counsel, Ministry of Commerce, Government of India on his posting at Calcutta. In July, 1983, the Industries Department of Government of Bihar in consultation with the Bureau of Public Enterprises decided to fill up the post of Senior Export Executive I by calling the petitioner on deputation vide order dated 2 -7 -83 (Annexure -1). The petitioner, accordingly, joined the post of Senior Export Executive I on deputation in the Corporation on 25 -7 -83. Terms and conditions of his deputation in the Corporation was communicated to him vide letter dated 22 -8 -83 (Annexure -2). His period of deputation was for two years from 23 -7 -83 and the scale was fixed at Rs. 1350/ - to Rs. 2000/ - plus other allowances. It is stated that this was approved by the Export Inspection Council on 8th of November, 1983 (Arnexure -3). The Board appears to have agreed and approved a proposal for bis absorption in the Corporation in its 31st meeting of the Board of Directors and order of his absorption as Senior Export Executive I with affect from 30 -11 -84 appears to have teen issued vide Annexure -9. It is claimed that on 10 -11 -1987, the Corporation vide its order contained in Memo No. 2560 communicated to the petitioner regarding fixation of his pay scale on his permanent absorption fixing Rs. 1925/ - as his basic pay with effect from 1 -12 -84, vide Annexure -12. It is further claimed that the post of Senior Export Executive I was designated as Marketing Manager in the same pay scale. The Board of Directors in their 37th meeting held on 1st of October, 1988 took a decision that the scale of petitioner's pay would be Rs. 1000/ - to Rs. 1820/ - and he will be known as Assistant Manager, vide Annexure -15.

(3.) Mr. Basudeo Prasad, learned Counsel for the petitioner, has vehemently submitted that before passing this resolution the Board did not give an opportunity to the petitioner to show cause. His submission is that the petitioner had been designated as Marketing Manager and his pay had been fixed in the pay scale of Rs. 1350 - -2000/ - at Rs. 1925/ - and these benefits were sought to be withdrawn by the impugned resolution, as contained in Annexure -15.