IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5826 of 2000
1. SHRI PARMESHWAR PD.YADAV , son of Sri
Bhuvneshwari Prasad Yadav, resident of Ward no.2, PO
& PS Madhepura, District Madhepura at present posted
as Senior Selection Grade Store Keeper, Eastern
Embankment Division, Birpur, Supaul
2. Shri Shiv Shankar Prasad Yadav
3. Shri Bindeshwar Sardar
4. Shri Padam Sundar Pradhan
5. Shri Randhir Kumar
6. Shri Bibhisan Prasad Yadav
7. Shri Surendra Shukla
8. Abul Bari
9. Shri Ravindra Kumar Sinha
10. Shri Ramprit Singh
11. Shri Niranjan Sisngh
12. Shri Arvind Kumar Singh
13. Suresh Prasad Singh ............ Petitioners
Versus
1. THE STATE OF BIHAR
2. The Secretary, Finance Department, Government of
Bihar, Patna
3. The Deputy Secretary, Water Resources Department,
Government of Bihar, Patna
4. The Engineer-in-Chief, Water Resources Department,
Government of Bihar, Patna
5. The Superintending Engineer, Irrigation Department,
Kosi Division No.1, Birpur, District Supaul
6. The Executive Engineer, Irrigation Department, Kosi
Division, Irrigation Department, Birpur, District Supaul
.............. Respondents
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07- 29/11/2010 Heard learned counsel for the parties. The writ
petition has been preferred with the prayer to quash the
order bearing memo no.474 dated 2.3.2000 (Annexure-1),
issued by the Government of Bihar in the Department of
Water Resources (Irrigation). The respondents have placed
on record their supplementary counter affidavit, paragraph –
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5 of which is reproduced hereinbelow:
“5. That it is stated that Finance Department vide
its letter no.6316 dated 6.8.02 has issued a
circular addressed to Accountant General, Bihar,
Patna and communicated to the concerned
authorities that in view of the order passed in
LPA No. 1984 of 1995 (Ram Prasad versus The
State of Bihar) the order passed in CWJC No.
618 of 1990 shall not be only
confined/applicable to the petitioner of CWJC
No. 618 of 1990 but it shall be applicable to all
those persons who are equivalent/identical to the
writ petitioners of CWJC No. 618 of 1990. It has
been further observed in the said letter that those
store-keepers who are getting scale of Rs.260-
408 in pursuant to letter no.132 dated 17.1.80
will be provided the benefit of scale Rs.730-1080
with effect from 1.4.81, scale of Rs.1400-2300
with effect from 1.1.86 and scale of Rs.4500-
7000 with effect from 1.1.1996. This benefit
shall not be provided to those store-keepers who
have been appointed as Store-Keepers on 1.4.81
and 1.4.1981.”
It is thus evident as per the stand of the
respondent authorities that those of the Store Keepers who
were appointed before 1.4.1981 shall get the replacement
pay scales mentioned in the aforesaid paragraph of the
supplementary counter affidavit. The admitted position
between the parties is that all the petitioners were appointed
as Store Keepers on different dates between 29.12.1972 to
12.3.1973, as stated in paragraph-3 of the writ petition, i.e
much before 1.4.1981. All the petitioners are, therefore,
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entitled to the replacement pay scales sanctioned by the
State Government.
2. The writ petition is accordingly allowed. The
impugned order dated 2.3.2000 (Annexure 1), stands Pro-
Tanto modified. Let the consequential benefits including
post-retirement benefits be made to the petitioners within a
period of four months from today, failing which the entire
dues shall carry interest @ 11% from the dates the amounts
became due till the dates of payment.
( S K Katriar )
( S P Singh )
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