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2004 DIGILAW 280 (PAT)

Narsingh Rai v. State Of Bihar

2004-03-09

NAVIN SINHA, RAVI S.DHAVAN

body2004
Judgment 1. Heard learned counsel for the parties. 2. The writ petition was filed making out a grievance that though the appointment had been regularised the scale on which the petitioners were working as Rs. 4000-6000/-, instead after regularisation the petitioners and others were put in a scale which was lower i.e. Rs. 3050-4500/-. This aspect has been pleaded in para 30 of the writ petition and to fortify the contention the regularisation order on the scale which was being given to the petitioner-appellants is referred to in Annexure 16 dated 29.6.2002. 3. Consequent upon being granted the scale lower than what the appellants were getting the writ petition was filed. 4. The respondents could have confronted the petitioner-appellants and contradicted the stand by pointing out that the petitioner-appellants were never given the scale of Rs. 4000-6000/-. No such pleading was made by the respondents in the counter affidavit. The reply in the counter affidavit is contained in para 7. The respondents evaded the pleadings in the writ petition as was submitted in para 30 fortified by Annexure 16. 5. In the circumstances what remains on the record is an unexplained situation that whereas the petitioners were getting the scale of Rs. 4000-6000/- for no reason it was reduced to scale of Rs. 3050- 4500/-. 6. In the circumstances the error is apparent on the face of the record in the order on the writ petition dated 3.2.2004 which is set aside. 7. The appeal is allowed.