IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9153 of 2002 PREM NATH THAKUR, son of late Choa Thakur, resident of village Kalambagh Road, P.S. Kazi Mohammadpur, Town and District Muzaffarpur, presently posted as a Telephone Operator, S.K.M. College, Muzaffarpur … Petitioner Versus 1. THE STATE OF BIHAR 2. The Director-in-Chief, Health Services, New Secretariat, Patna 3. The Principal, S.K.M. College, Muzaffarpur … Respondents. ----------- 3. 21.6.2010 Heard Mr. Shantanu Kumar, counsel for the petitioner. The prayer of the petitioner in this writ application reads as follows: “(i) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 25.1.2002 passed by the respondent no.3 and contained in his Memo No. 1787 dated 25.1.2002, whereby and whereunder the respondent no.3 has been pleased to cancel the scale of the petitioner which was fixed by Memo No. 1383 dated 15.12.2000. (ii) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authorities to pay the salary of the petitioner on the basis of pay-scale fixed on 15.12.2000 vide Memo No. 1383 dated 15.12.2000 which was fixed on the basis of 6th Pay Revision Committee.” 2 Counsel for the petitioner would submit that the decision taken by the respondents for reducing pay scale of the petitioner seems to be apparently misconceived, inasmuch as the petitioner was working as an Information Assistant cum Telephone Operator. He would also submit that as a matter of fact when the Government of India’s pay scale was sought to be implemented by the Government of Bihar, the whole difficulty probably arose on account of the fact that in the Government of India pay scale there was no specific post for the Telephone Operator in the Medical College and that the post is there only of PBX Operator. Counsel, however, submits that during the pendency of this writ application whole matter has been examined by the Finance Department on the basis of reference made by the principal of the College and though such recommendation to the Finance Department can lead to redressal of grievance of the petitioner but no final decision has been taken thereon by the concerned respondent till date. As noted above, there is no counter 3 affidavit and in fact the counsel for the State is also not present. In that view of the matter, this Court would direct the Finance Commissioner and the Health Commissioner to act in unison and ensure that whatever final decision has to be taken by the Fitment Committee of the Finance Department must be taken within a period of three months from the date of receipt/ production of a copy of this order. It goes without saying that if it is found that the petitioner was entitled to get the pay scale which was originally given to him on 15.12.2000, vide Annexure 11 and which actually was sought to be withdrawn by the impugned order dated 25.1.2002, as contained in Annexure 12, the respondents will also ensure payment full financial benefit in terms of the decision which would be taken by the concerned authority. With the aforementioned observations and directions, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/ 4