IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1516 of 2007
Sukharam Yadav S/o Late Sidhu Yadav resident of Mohalla
Chiraiatand P.S. Kankarbagh District Patna .... Petitioner
Versus
1. The State Of Bihar
2. Secretary Human Resources Department, New Seretariat, Patna
3. Director (Admn.) Human Resources Department, New Secretariat,
Patna .... .... Respondents
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03 29.07.2011 Heard learned counsel for the petitioner and
the State.
2. Petitioner is aggrieved by the order
bearing Memo No. 1086 dated 18.5.2006, Annexure-3,
passed by the Director (Administration)-cum- Joint
Secretary, Human Resources Development Department
whereunder petitioner has been held entitled for grant
of scale of Rs. 4000- 6000/- with effect from 1.1.1996
in partial modification of the departmental letter No. 92
dated 24.4.1999 whereunder petitioner was allowed the
higher scale of Rs. 5000- 8000/-.
3. It is submitted on behalf of the petitioner
that order bearing Memo No. 1086 dated 18.5.2006,
Annexure-3, has been passed reducing the scale of the
petitioner without giving him any opportunity of being
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heard as also without noticing the fact that petitioner
served on the post of Head Typist, the order, however,
proceeds on the basis that petitioner is serving as
Typist, which is incorrect. It is also pointed out that the
higher scale of Rs. 5000 – 8000/- is admissible to Head
Typist.
4. Aforesaid submission was noticed by this
Court under interim order dated 12.3.2007 passed in
the instant writ case with direction to the State-
respondents to file counter affidavit and not to take any
coercive steps against the petitioner. Till date no
counter affidavit has been filed. Counsel for the State,
A.C. to S.C.-27, however, states that further time may
be allowed and matter be taken up for admission on
Monday (01.08.2011) by which date counter affidavit
shall be filed. Aforesaid request of the counsel for the
State to grant further time to file counter affidavit is
rejected in view of the order which is being proposed to
be passed in the instant case.
5. Impugned order dated 18.5.2006,
Annexure-3 reducing the pay scale of the petitioner
having been issued without granting the petitioner
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opportunity of being heard, in the circumstances suffers
from the vice of arbitrariness, the writ petition is
disposed of directing the petitioner to appear before the
Director (Administration)-cum- Joint Secretary, Human
Resources Development Department, who shall grant
the petitioner opportunity of being heard in the light of
the submissions noted in this order and pass
appropriate reasoned order in the matter. In the event,
contention of the petitioner is accepted by the Director
(Administration)-cum- Joint Secretary, Human
Resources Development Department then it goes
without saying that not only the order dated 18.5.2006,
Annexure-3 shall be modified granting the petitioner
scale of Rs. 5000- 8000/- with effect from 1.1.1996, but
arrears thereof shall also be paid as early as possible, in
any case within three months from the date of receipt/
production of a copy of this order before the Director
(Administration)-cum- Joint Secretary, Human
Resources Development Department.
Arjun/ ( V. N. Sinha, J.)