BISHESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER in this writ application has challenged the order dated 4. 11. 1999 ( annexure 7) whereby and whereunder the provisional fixation of the pay scale of the Instructors which was fixed on giving them the benefit of Junior Selection grade at Rs. 850-1360 has been recalled and revised fixing it, vide Annexure 8, in the pay scale of Rs. 785-1210/- on the ground that the posts of Junior Instructors and Senior instructors are two different posts.

(2.) THE petitioner's case, in brief, is that he was initially appointed on 16. 6. 1965 as an Instructor at the ITI, Darhanga. Later on 5. 9. 1969, he was transferred to Ranchi and placed in the scale of pay of Rs. 335-555/ -.

(3.) BY a Circular issued by the Secretary, Department Of Labour, employment and Training vide letter no. 3888 dated 18. 12. 1973, the posts of senior Instructor and Junior Instructor were merged into one post. By resolution no. 10770 dated 30. 12. 1081 issued by the Finance department, Govt. of Bihar, the employees of ITI were made entitled for two promotions and the scale of pay of Senior Instructors who were appointed before 1. 4. 1964 was fixed at Rs. 785-1210/- while those who were appointed after the aforesaid cut off date, were given the pay scale of rs. 730-1080. Subsequently, vide circular issued on 11. 12. 1990 under memo no. 4543 by the Director, Labour Employment And Training, senior instructors were placed in the pay scale of Rs. 850-1360 which was given as the scale for the first time bound promotion.