- (1.) HEARD both the parties and both are ready to dispose of the case at the Admission Stage.
(2.) THIS petition has been filed under Article 226 of the Constitution of India by the petitioner for seeking followings relief (3) (i) An appropriate directions for serting aside the orders dated 13/14 March, 2007 whereby unilaterally without conducting any enquiry, the pay scale of the petitioner has been reduced as also the order dated 25/26.3.2008 whereby the appeal/representation made by the petitioner against the reduction of the pay has been turned down. Or (ii) For the issuance of any other appropriate order for doing conscionable justice to the petitioner. It is admitted case by the party that the petitioner joined the services with Respondent No.1 as Semi Clerk on 18.6.1974. The petitioner was granted promotion as an Office Superintendent from the post of Senior Clerk which he was holding on 31.3.2003 as alleged in the Writ Petition. Thereafter, the petitioner pursuant to the said order completed his probation period as Office Superintendent and thereafter he came to know on 13/14 March, 2007, on the basis of some recommendations made by the committee constituted by respondent No. 4. two increments of the petitioner were reduced. The increments granted were nullified and the pay of the petitioner was re - fixed and with the aforesaid order the amount which has already been paid to the petitioner in lieu of the increments was ordered to be recovered from him. The petitioner after receiving the said order challenged it in appeal/representation before the Respondent No. 2, Director (Personnel), C. C.L., Darbhanga House, Ranchi on dated 25/ 26.3.2008 (Annexure -10). The said representation/ appeal was rejected; feeling ag - grieved by the said orders, this writ petition has been filed.
(3.) LEARNED counsel appearing for Respondent No.1 filed counter affidavit and averred that petitioner's basic prior to granting Service Linked upgradation was Rs. 7,937/ - in the Grade - B. However, on account of aforesaid upgradation, the petitioner's basic pay was arrived at Rs. 7,982/ - in T&S Grade -A with effect from 1.1.2003 under the National Coal Wage Agreement -VI Pay Scale. The petitioner did not join immediately, so he was not entitled to get the increments as has been paid to him. Thus the two increments which have already been released in favour of the petitioner were rightly withheld and the mistake was corrected, when it was found that the petitioner was not entitled to the same.;