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Patna High Court · body

2007 DIGILAW 1912 (PAT)

Manish Kumar Pathak v. State of Bihar

2007-12-17

body2007
ORDER Heard learned counsel for the petitioners and the State. 2. Petitioners were applicant for the post of Assistant-cum-Typist in the pay-scale of Rs. 1200-1800/- pursuant to Advertisement No. 4 of 1998 issued by the Bihar Public Service Commission, Patna (hereinafter referred to as "B.P.S.C."), Annexure-1 for the district of Bhojpur. They appeared in the selection test conducted by B.P.S.C. whereafter they have been appointed under order nos. 14 and 101 of 2004-05 bearing Memo No. 549 dated 7th June, 2004 and Memo No. 150 dated 21.3.2005, Annexures-4 and 4/A issued under the signature of the District Magistrate, Bhojpur, Ara. Close perusal of the said orders indicates that they have not been appointed in the corresponding revised scale of Rs. 1200-1800/- i.e. Rs. 4,000-6,000/- but in the lower scale of Rs. 3050-4590/- admissible to the Lower Division Clerk and they have filed this writ application for a direction to the District Magistrate, Bhojpur to grant them the corresponding higher scale of Rs. 4,000-6,000/-. 3. It is submitted on behalf of the petitioners that during the time taken to complete the selection process the post of Assistant-cum-Typist has been bifurcated in two parts of Lower Division Clerk and Upper Division Clerk in the scale of Rs. 3050-4590/- and Rs. 4,000-6,000/- vide resolution of the State Government bearing Letter No. 6389 dated 28.9.1999 which bifurcation will have no application to the case of the petitioners as they had appeared in the selection process conducted by the Commission pursuant to the Advertisement, Annexure-1 for the post of Assistant-cum-Typist in the scale of Rs.1200-1800/- and on account of delay in completing the selection process they cannot be deprived of the benefit if the revised scale of the post and the scale which was the subject matter of advertisement i.e. the scale of Rs. 1200-1800/-. In this connection learned counsel for the petitioner has also relied on the judgment in the case of Ganesh Singh and Ors. Vs. The State of Bihar and Ors., reported in 2007(1) PLJR 159 where similar situation has been considered as in the reported case also the applicant had appeared in the selection process for the post of Assistant-cum-Typist in the scale of Rs. Vs. The State of Bihar and Ors., reported in 2007(1) PLJR 159 where similar situation has been considered as in the reported case also the applicant had appeared in the selection process for the post of Assistant-cum-Typist in the scale of Rs. 1200-1800/- but before the selection process could be completed the post was bifurcated into Lower Division Clerk and Upper Division Clerk and appointment letter to the petitioner of the reported case was also issued for the post of Lower Division Clerk i.e. Rs. 3050-4590/- and not in the corresponding higher scale of Assistant-cum-Typist i.e. Rs. 4,000-6,000/-. 4. Counsel for the State has opposed the aforesaid prayer. According to him petitioners have been provided with the lower pay-scale of Rs. 3050-4590/- in view of the directions of the State Government contained in letter dated 20th December, 2000, as contained in Annexure-5 and this Court should not interfere in the matter. 5. Having heard counsel for the parties and having perused the instructions of the State Government contained in letter dated 20th December, 2000, Annexure-5, I am of the view that when the selection process had begun by issue of Advertisement, there was one post of Assistant-cum-Typist in the scale of Rs. 1,200-1,800/- and the selection process was delayed unnecessarily which was beyond the control of the petitioners and they are being asked to suffer only on account of the delay of appointing authority or the Commission for which petitioners cannot be held responsible in any manner. Even in view of Clause (5) of the instructions contained in letter dated 20th December, 2000, Annexure-5 if the authorities were not inclined to appoint the petitioners in the revised scale of the advertised post they ought to have cancelled the advertisement and the selection process but once they have not chosen to cancel the advertisement and the selection process then they have to appoint the petitioners in the corresponding revised scale of the post advertised in Annexure-1. 6. In the circumstances, the appointment letter of the petitioners bearing Memo No. 549 dated 7th June, 2004 and Memo No. 150 dated 21.3.2005, Annexures-4 and 4/A is modified to the extent that the petitioners are directed to be appointed in the pay-scale of Rs. 4,000-6,000/-. 6. In the circumstances, the appointment letter of the petitioners bearing Memo No. 549 dated 7th June, 2004 and Memo No. 150 dated 21.3.2005, Annexures-4 and 4/A is modified to the extent that the petitioners are directed to be appointed in the pay-scale of Rs. 4,000-6,000/-. Consequential benefit to the petitioners of the higher pay-scale be given to them as early as possible, in any case within a period of three months of the receipt/production of a copy of this order. 7. This writ application is, accordingly, disposed of.