Nawal Kishore Prasad vs The State of Bihar

R.M. Doshit, C.J.—The Petitioner, a retired Sub-Judge, has filed this petition under Article 226 of the Constitution for grant of revised pay scale of Rs. 16750-20500 with effect from 1st January 1996.

It is the claim of the Petitioner that effective from 6th August 1990 he was promoted to the 2nd Level of Need Based Post in the pay scale of Rs. 3700-5000. On revision of pay effective from 1st January 1996 the said pay scale of Rs. 3700-5000 was revised to Rs. 16750-20500. Though the Petitioner was entitled to the said higher pay scale Rs. 16750-20500, on revision of pay he was placed in the revised scale of Rs. 12850-17550 corresponding to pay scale of Rs. 3000-4500. All attempts of the Petitioner have failed. Therefore, the writ petition.

Learned advocate Mr. Piyush Lal has appeared for the High Court. He has submitted that the matter of pay fixation and payment of salary rests with the Government of Bihar. Whatever applications were made by the Petitioner the High Court forwarded them to the State Government.

The State Government has filed counter affidavit. According to the State Government the revised scale of Rs. 12850-17550 has been sanctioned with effect from 1st January 1996 as sanctioned by the Accountant General. The higher pay scale of Rs. 16750-20500 is the scale approved under the Assured Career Progression. The Petitioner, therefore, cannot be granted the said scale with effect from 1st January 1996.

It appears that the State Government has not considered promotion to 2nd level of Need Based Post in the scale of Rs. 3700-5000 granted to the Petitioner. No explanation has come forth why the Petitioner should not be allowed the pay scale of Rs. 16750-20500 corresponding to the pay scale of Rs. 3700-5000 which was applicable to the Petitioner on 31st December 1995.

In above view of the matter, We allow this petition. The Respondents Government of Bihar and the Accountant General are directed to revise the pay scale of the Petitioner to that of Rs. 16750-20500 with effect from 1st January 1996. The said exercise shall be completed within one month from today. After completing the said exercise the Petitioner will be paid the arrears of salary within three months thereafter. The Petitioner''s pension and other retrial benefits will be accordingly calculated. The difference in amount of pension and other retrial dues will be paid to the Petitioner within next three months. In the event, the Government of Bihar fails to make the payment as directed hereinabove, commencing from 1st March 2012 the Government of Bihar will be liable to pay interest over the amounts of salary, allowance and pension payable to the Petitioner under this order @ 10% per annum till the date of payment.

Parties will bear their own cost.

Registry will send the writ forthwith.