- (1.) This Letters Patent Appeal has been preferred against the judgment and order dated 10.7.2003 passed by a learned Single Judge in CWJC 1266 of 1998 by which the writ petition filed by the Respondent No. 1 to 12 have been allowed and quashed the impugned order bearing Memo No. B/968-971 dated 9.3.1995 by which the scaled of pay fixed by the Principal, Ranch! Women's College was reduced by the University.
(2.) It is admitted to the parties mat on 27.1.1982 the erstwhile State of Bihar issued a letter addressed to all the Vice Chancellors of the State Universities of the State of Bihar, except the Patna University, where in it was communicated mat the State Government had decided to give uniform pay scales to the Upper Division and Lower Division Assistants/Clerks working in the University within the State of Bihar and the decision which the State Government had taken in relation to the Patna University vide Letter dated 28.7.1981 shall be deemed to apply to the other Universities also. The State Government vide letter dated 5.10.1989 wrote to all the Vice Chancellors of all the Universities of the State of Bihar that the uniform pay scales of the employees of Upper Division & Lower Division Assistants/Clerks posted in the Colleges under me Universities situated in Bihar would be made applicable with effect from 1.4.1981 in the same manner as made applicable to the secretarial staff and Upper Division and Lower Division Assistants/Clerks of Class HI working in the Regional Offices and it was further indicated that the employees would not be entitled to any arrears of pay at all. Consequently, the Registrar of the Ranchi University on 25.4.1990 (annexure 3) issued an order to give effect to the Government Order. AH the Principals of the constituent colleges were directed to prepare salaries accordingly in order to give effect to the pay fixation as fixed by the State Government Pursuant to the above direction, the Principal of the Ranchi Women's College issued notification dated 3.8.1990 (annexure 4) by which the Respondents/writ Petitioners were granted pay scales of Upper Division/Lower Division Assistants/Clerks. Annexure 4 to the writ petition indicates that the fixation of pay of the writ Petitioners was provisional, and was subject to the approval of the University. Thereafter, the employees were paid salaries according to the provisional fixation of pay by the Principal of the College. By the impugned order, the University did not approve the proposal of the Principal fixing the pay scales of the Respondents and the payment of their salary was made in accordance with the directions made by the University. Admittedly, the Respondents 1 to 12 were appointed, promoted and regularized as Typist, Store Keeper, Routine Clerks, Correspondence Clerks, Sorters which were the sanctioned posts in the Ranchi Women's College. Feeling aggrieved by the order of the University not approving the pay scales recommended by the Principal, Ranchi Women's College and reducing their pay scales as indicated in the order of the Ranchi Universities dated 9.3.1995, the Respondents preferred a writ petition before the learned Single Judge.
(3.) After hearing the learned Counsel for the parties, the learned Single Judge allowed the writ petition and the impugned order dated 9.3.1995 passed by the University was quashed. The Respondents/writ Petitioners were found entitled to get the pay scales or Upper Division - Lower Division Assistants/Clerks.;