IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4927 of 2009 VIJAY KANT JHA Versus THE STATE OF BIHAR & ORS ----------- 2/ 20/04/2009 Heard learned counsel for the petitioners and learned counsel for the State. The grievance in the writ application is for non- payment of salary of the post of “Vaidya” held by the petitioner under the Zila Parishad Sitamarhi. It is his case that he was appointed originally as a „compounder‟ (Mishrak) on 27.4.1982. In pursuance of a decision of the Selection Committee of the Zila Parishad dated 6.6.2001 he was promoted to the post of „Vaidya‟ on 7.6.2001 and started to draw his salary in the pay-scale of a „Vaidya‟. His pay-scale was suddenly reduced to that of a “Mishrak” (compounder). He sought information. The Zila Parishad on 17.3.2009 has intimated to him vide Annexure-6 that the allotment of funds received from the State Government was on the basis of the post of a Mishrak. Learned counsel for the Zila Parishad acknowledges that there are no orders of reversion of the petitioner from the post of „Vaidya‟ to „Mishrak‟. Learned counsel for the petitioner additionally 2 points out that his promotion to the post of „Vaidya‟ was sought to be challenged by one Indrajeet Kumar Singh in C.W.J.C. No.8880/01 which was dismissed on 31.7.2008. Learned counsel for the State submits that he is unable to make any submission in absence of instructions. If the petitioner is working on the post of a „Vaidya‟ in pursuance of the promotion granted by the selection committee and there are no orders of his reversion in accordance with law, he is to be paid his salary in the pay-scale of a „Vaidya‟. This writ application is disposed with a direction to the respondents to ensure payment of the salary of the petitioner in the scale of a „Vaidya‟ unless there be any orders by a competent authority in accordance with law after due opportunity to the petitioner, by a reasoned and speaking order arriving at the conclusion that his promotion was wrong. This shall not be construed as a liberty to the respondents to withhold the salary for that reason at present. Any such action can only be prospective in nature. The writ application stands allowed. KC (Navin Sinha, J.) 3