Rama Nand Prasad Singh v. The State of Bihar
Judgment
Mr. Arbind Kumar Singh For the Respondent/s : Mr. Anjani Kr Sharan, SC 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 13-12-2012 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner was initially appointed as Mechanic Grade-II in the Work Charge Establishment. In 1976, he was promoted to the post of Mechanic Grade-I. The petitioner submits that the Finance Department vide its resolution dated 30.12.1981 fixed the pay scale of senior mechanic in the pay scale of Rs.335-10-395. The pay scale of the petitioner was fixed by the Finance Department vide Annexure-5 2 Patna High Court CWJC No.18974 of 2011 (3) dt.13-12-2012 in the pay scale of Rs.335-555. The petitioner was superannuated from service on 30.09.2010. The petitioner prays for revision of pay scale of Rs.296 - 423, which has been fixed on 07.07.1976 by the Department for the purposes of retiral benefits etc. Learned counsel submits that fixation of pay scale of the petitioner at Rs.296-423 would be in the teeth of resolution of the Finance Department of the year 1981 as contained in Annexure-4 and the pay fixed by the Finance Department vide Annexure-5. Learned counsel for the State filed counter affidavit. Learned counsel has referred to resolution of the Finance Department dated 30.11.1972 (Annexure-A) to the counter affidavit state that his pay scale has rightly been revised. Learned counsel has next referred to Annexure-I to suggest that petitioner agreed to the pay scale that was being offered. Mere consent to get a lower pay scale would not bind the petitioner to receive the said pay scale, if the resolution of the Finance Department provides otherwise. In this view of the matter, I remit the matter again to Principal Secretary, Department of Water Resources, Government of Bihar, Patna to examine the fixation of pay scale of the 3 Patna High Court CWJC No.18974 of 2011 (3) dt.13-12-2012 petitioner afresh in accordance with law as well as resolution of the Finance of Department within a period of three months from the date of receipt of a copy of this order without being prejudiced by the earlier pay scale. With the aforesaid observation, this application is
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