ISHWARI PRASAD MANDAL Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking quashing of order dated 23.01.2008 by which the scale of pay of the petitioner has been reduced from Rs 9205/- to Rs 8875/- and it has been directed to recover the excess payment made to the petitioner pursuant to fixation of his pay at Rs 9205/-. A prayer seeking quashing of letter no. 87 dated 09.07.2008 has also been made.

(2.) The brief fact of the case is that, the petitioner joined as correspondence clerk on 24.08.1977 and he passed departmental examination for promotion to the post of head clerk on 20.12.1987 and therefore, he was granted three annual increments in view of the standing orders of the Bihar State Electricity Board. Just before his retirement the petitioner was promoted to the post of head clerk by office order no.841 dated 25.07.2006 and he was granted increment from 24.08.2006. However, by letter dated 23.01.2008 the salary of the petitioner in the promoted post was fixed at Rs 8875/- w.e.f 27.09.2006, although he was receiving salary of Rs 9040/- at the time when he was promoted to the post of head clerk and from 24.08.2006 he was granted an increment and his salary was fixed at Rs 9205. The petitioner in view of the above, has sought pay protection.

(3.) A counter affidavit has been filed on behalf of Jharkhand State Electricity Board in which it has been admitted that the petitioner who retired from service on 29.02.2008 had passed departmental examination on 20.12.1987 and accordingly he was granted three advance increments. During this period he got selection grade scale of pay and super selection grade scale of pay also. However, in view of the standing order of the Board which says that in case of those workman who were receiving advance increment for passing the departmental examination, for fixation of pay on promotion to next higher post, the advance increments shall not be taken into account, and therefore, the petitioners' scale of pay was fixed at Rs 8875/-.