ANJANI KUMAR SRIVASTAVA Vs. STATE OF BIHAR
LAWS(JHAR)-2001-11-19
HIGH COURT OF JHARKHAND
Decided on November 26,2001

ANJANI KUMAR SRIVASTAVA Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

- (1.) IN CWJC No. 3414 of 1999 (R) the petitioner has challenged the orders, contained in Letter No. 2457 dated 27th May, 1998 and Letter No. 365 dated 27th April, 1998, whereby and whereunder, the prayer of the petitioner for his absorption in the Personal Assistant (P.A. for short) cadre of Secretariat and attached offices has been rejected. In CWJC No. 3491 of 1999(R) the petitioner has challenged the orders, contained in Letter No. 6236 dated (Nil) and Letter No. 3071 dated 3rd July, 1999, whereby and whereunder, the Principal Chief Conservator of Forest, Bihar, Ranchi, has re -quested the Regional Chief Conservator of Forest, Ranchi to fix the pay scale of the petitioner in the lower scale of pay of Steno -typist, after cancelling his appointment to the post of Personal Assistant. Further, prayer has been made to quash the Office Order No. 64 dated 6th July, 1999 and Order No. 71 dated 22nd July, 1999. whereby, the Regional Chief Conservator of Forest has cancelled the earlier Office No. 42 dated 16th July, 1991, whereby, the petitioner had been appointed as Personal Assistant; reduced his pay scale from Rs. 5500 -9000/ -to Rs. 4000 -6000/ - and has also directed for recovery of the excess amount, paid to the petitioner as Personal Assistant.
(2.) AS both the cases have been preferred by common petitioner Mr. Anjani Kumar Srivastava and common question of law is involved, they have been heard together and are being disposed of by this common order. The case of the petitioner is that he was appointed as Steno -typist in the office of the Conservator of Forest, Ranchi, where he joined on 29th August, 1979. Thereafter, in the year, 1982, the petitioner was transferred in the office of Additional Chief Conservator of Forest, where he was allowed to join against a post of Personal Assistant on 9th February, 1982. A formal order was passed appointing the petitioner against the sanctioned post of Personal Assistant with effect from the date, he was allowed to join in the office of the Additional Chief Conservator of Forest i.e., 9th February, 1982 and was also allowed the scale of pay of Personal Assistant. He was confirmed as Personal Assistant with effect from 9th February, 1985, having completed three years in the office of the Additional Chief Conservator of Forest, Ranchi.
(3.) ACCORDING to the petitioner, the State of Bihar took a policy decision in the year, 1987 and decided to absorb the Steno -typist, working in the Secretariat and/or attached offices, in the Joint Secretarial P.A. Cadre on the basis of the recommendation of the Department concerned. Informations were also sought for by the Personal and Administrative Reforms Department, in compliance to which necessary details in respect to the petitioner were sent to the Personnel Department but no formal order of absorption in the Joint Secretarial P.A. Cadre having been made, the petitioner had to move this Court.;


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