THE PRINCIPAL, JHARKHAND GOVT. MINI TOOL ROOM AND TRAINING CENTRE, PLOT NO. 48, INDUSTRIAL AREA PHASE Vs. NITISH KUMAR, S/O MR. ASHWANI KUMAR SINGH, TECHNICIAN GRADE

JUDGEMENT

(1.) Aggrieved of order dated 09.07.2015 passed in W.P.(S) No.870 of 2013, whereby challenge to the decision taken in the meeting of the Governing Council of Jharkhand Govt. Mini Tool Room and Training Centre, Ranchi reducing the scale of pay of the writ petitioner-respondent (hereinafter referred to as respondent) succeeded, the instant Letters Patent Appeal has been preferred.

(2.) Briefly stated, the respondent who had applied for the post of Technician Grade-I, was appointed on 02.07.2009 on the post of . Technician Grade-II. The terms and conditions of the appointment were contained in letter dated 02.07.2009. The respondent joined the said post of Technician Grade-II on 13.08.2009 and his contractual appointment was extended for a further period of one year, as communicated to him through letter dated 14.10.2011. The contractual period was to lapse on 31.05.2012. The respondent was paid salary in the pay scale of Rs.5200-20200.00 (Pay Band -I) for the period between June, 2011 to May, 2012. The Contract Extension Order dated 14.10.2011 recites that salary has been revised in pay-scale of Rs.5200-20200.00 (Pay Band -I).

(3.) The learned counsel for the appellant referring to the undertaking given by the respondent, that the respondent gave an undertaking that if any discrepancy is found in his pay structure at any point of time, the same shall be adjusted from his salary and he would not object to the same, contends that once it was found that erroneously the revised pay-scale was mentioned in the Contract Extension Order, the same was rightly corrected in the meeting of the Governing Council held on 28.09.2012 and recovery effected.