- (1.) HEARD the parties.
(2.) IN this writ application the petitioner 'sprayers are four fold : (a) For quashing the office order No. 128, dated 30.4.2001 (Annexure -13). (b) For quashing the office order No. 37/2001, dated 2.6.2001 (Annexure -13/1). (c) For directing to the respondents to fix the pay of the petitioner in the next higher scale of pay w.e.f. 2.5.1996 correcting the wrongly mentioned date of promotion to Senior Selection Grade. (d) For directing the respondents not to recover the amounts paid as annual increments to the petitioner on the plea that the annual increments were not payable before passing Hindu Noting and Drafting Examination. The petitioner prayed for addition of one more prayer by an amendment petition, when during the pendency of this application, a sum of Rs. 10,260.00 was deducted from the petitioner 'ssalary without assigning any reasons, which was allowed by this Court.
(3.) THE petitioner 'scase is that he joined the service of the Bihar State Electricity Board on the post of Junior Accounts Clerk/Bill clerk on 6.5.1968. The petitioner passed the departmental examinations and on that basis was given promotion to the post of Accounts Assistant w.e.f 2.5.1980. The Financial Controller by his Memo No. 721, dated 2.7.1990 (Annexure -2) provisionally promoted the petitioner to the post of Accounts Assistant. In the said order, the date of promotion of the petitioner was wrongly shown as 1.12.1980 instead of 2.5.1980. The petitioner thereafter immediately objected to the same by filing a representation. The Financial Controller then issued an order dated 1. Heard the parties. 2 In this writ application the petitioner 'sprayers are four fold : (a) For quashing the office order No. 128, dated 30.4.2001 (Annexure -13). (b) For quashing the office order No. 37/2001, dated 2.6.2001 (Annexure -13/1). (c) For directing to the respondents to fix the pay of the petitioner in the next higher scale of pay w.e.f. 2.5.1996 correcting the wrongly mentioned date of promotion to Senior Selection Grade. (d) For directing the respondents not to recover the amounts paid as annual increments to the petitioner on the plea that the annual increments were not payable before passing Hindu Noting and Drafting Examination. 3 The petitioner prayed for addition of one more prayer by an amendment petition, when during the pendency of this application, a sum of Rs. 10,260.00 was deducted from the petitioner 's salary without assigning any reasons, which was allowed by this Court. 4 The petitioner 'scase is that he joined the service of the Bihar State Electricity Board on the post of Junior Accounts Clerk/Bill clerk on 6.5.1968. The petitioner passed the departmental examinations and on that basis was given promotion to the post of Accounts Assistant w.e.f 2.5.1980. The Financial Controller by his Memo No. 721, dated 2.7.1990 (Annexure -2) provisionally promoted the petitioner to the post of Accounts Assistant. In the said order, the date of promotion of the petitioner was wrongly shown as 1.12.1980 instead of 2.5.1980. The petitioner thereafter immediately objected to the same by filing a representation. The Financial Controller then issued an order dated 1.9.1990 modifying para 9 of the order dated 2.7.1990. It was clarified in the said order that the regular promotion given in the decentralized cadre before issuance of the revised S. A.S. Cadre Rules shall continue to be operative until further order and that para 9 of the Board 'sOrder No. 3166, dated 2.7.1990 stood modified to that extent. According to the petitioner, on that basis, he was allowed to draw next higher scale of pay after completion of 10 years of his service w.e.f. 2.5.1990, by order as contained in Annexure -5. The same was also informed by the Electrical Executive Engineer vide his letter dated 11.9.1990 as contained in Annexure -6. However, by another office order No. 212, dated 30.8.1990, the Electrical Executive Engineer again erroneously fixed the pay of the petitioner on 1.12.1980 after the provisional promotion to the post of Accounts Assistant. In view of the order dated 2.7.1990 (Annexure -2) notwithstanding the earlier clarification and modification by order dated 1.9.1990 (Annexure -3), the petitioner again ' made representation, which was forwarded by the Electrical Superintending Engineer to the then Financial Controller. The Board issued a modified order dated 1.9.1990 allowing the promotion given by it to remain operative and the petitioner was allowed to avail selecting grade scale w.e.f. 2.5.1990 by (Annexure -11). The pay of the petitioner was fixed w.e.f. 2.5.1990. Again by the impugned order dated 30.4.2001 and 2.6.2001 the petitioner was informed that he has been allowed Super Selection Grade after completion of 18 years of continuous service on the same post w.e.f. 1.12.1998. The petitioner 'sgrievance is that, he has completed 18 years of service on 2.5.1998 and he is entitled to get Super Selection Grade w.e.f. 2.5.1998 and not from 1.12.1998. The shifting of the date to 1.12.1988 is wholly illegal and the orders Annexure -13 & 13/1 are liable to be quashed.;