LAWS(JHAR)-2001-5-51

MD RUSTAM ANSARI Vs. STATE OF JHARKHAND

Decided On May 08, 2001
MD RUSTAM ANSARI Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) All these cases relate to fixation of pay on promotion and payment of salary.

(2.) According to the petitioners, they are covered by the decision of Patna High Court in Maha Shankar Sinha and Ors. v. State of Bihar and Ors., CWJC No. 2405/97. disposed of on 17th September, 1997.

(3.) It appears that the scale of the State Government's employees were revised in pursuance of Finance Department's Resolution No. 6022 dated 18th December, 1989. Under clause (13) therein, it was stipulated to fix pay on promotion/adjustment in terms with Rule 22(c) of the. Fundamental Rules. The part of a number of persons were fixed, accordingly, on their promotion/adjustment in terms with Fundamental Rule 22(c). Subsequently, the State of Bihar issued another Resolution No. 1000 dated 20th February. 1993 from its Finance Department whereby and where-under, clause (13) of the Resolution dated 18th December, 1989 was amended in the matter of fixation of pay and it was ordered to fix pay in terms with Rule 78(ii) of the Bihar Service Code.