DUDHESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner was appointed as Malaria Inspector on 10.9.1961. Subsequently, he was appointed on the post of Lab Technician on 1.2.1972 at Primary Health Centre, Baliapur in the district of Dhanbad and his pay was fixed in the scale of Rs. 4500 -7000/ - and accordingly, the petitioner went on drawing the salary in the said scale for about 30 years and that petitioner was even granted first financial upgradation (1st A.C.P) in the scale of Rs. 5000 -8000/ - and also second financial upgradation (2nd A.C.P) in the scale of Rs. 5500 -9000/ - with effect from 8.9.1999. After the petitioner retired on 31.1.2001, an objection was raised that the petitioner was wrongly given pay scale of Rs. 4500 -7000/ - as that pay scale was admissible to the Lab Technician, who had passed B.Sc/I.Sc and holds Diploma of Technician but the petitioner being not Diploma holder, is entitled to pay scale of Rs. 4000 -6000/ - and, accordingly, order was passed as contained in memo No. PEN -4 -1833 dated 2.11.2001 (Annexure 2) whereby pay scale of the petitioner was reduced to Rs. 4000 -5000/ - from Rs. 4500 -7000/ - and further excess amount paid was sought to be adjusted from the retiral dues.

(2.) BEING aggrieved with that order, the petitioner challenged that order in W.P.(S) No. 868 of 2004 which was allowed on a consideration that pay fixed in the scale of Rs. 4500 -7000/ - had never been filed on misrepresentation or wrong representation by the petitioner Accordingly, respondents, were directed to release all the retiral benefits. However, that order was challenged by the State of Bihar in I.P.A. No. 603 of 2005 taking the same plea that under letter bearing No. 6966 dated 9.10.2001 issued by the Government of Bihar petitioner is entitled to pay in the scale of Rs. 4000 -6000/ -. However, the petitioner by appealing in the said case brought a letter dated 6.9.2006 on the record to show that the Government of Bihar under the aforesaid letter has withdrawn earlier letter bearing No. 6966 dated 9.10.2001 under which pay scale of the petitioner was shown to be Rs. 4000 -6000/ -.

(3.) HOWEVER , in course of hearing, it was submitted on behalf of the State that as the concerned papers were not made available, no decision could be taken in the matter and thereupon under the direction of the Court, the petitioner handed over all the relevant documents to learned Advocate General so as to be placed before the Secretary for taking decision in the matter.