Letters Patent Appeal No. 1138 OF 2001 (Against the Judgment and Order passed in C.W.J.C. No. 11445 of 2001 on 20th September, 2001) KRISHNA MOHAN JHA -------------------------(Appellant) Versus THE STATE OF BIHAR & ORS. ------------(Respondents) ------ For the Appellant : Mr. Prem Kumar Jha. For the State : Mr. Shashi Bhushan Kr. S.C. 16. ------ P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH AND THE HON'BLE MR. JUSTICE JAYANANDAN SINGH J U D G M E N T Barin Ghosh & J.N. Singh, J.J. We are satisfied that in May, 1999, the claim of the appellant for pay protection was still under consideration and accordingly, the order dated 20th September, 2001 rejecting the writ petition seeking a direction for consideration of such claim is interfereable and accordingly, the appeal is partly allowed. The Order under appeal by which the said claim has not been considered on the ground of delay is set 2 aside with a direction upon the respondents to consider and decide the claim of the appellant for pay protection for the appellant was operator in the Police Wireless Department when he was getting a higher salary and later on after joining as Assistant Teacher he was fixed in a lower salary. Let the above steps be taken within a period of six months from the date of service of a copy of this order upon the appropriate respondent. While considering the above claim, let the claim of the appellant on the basis of his qualification of graduate trained, be also considered with effect from such appropriate date as may be applicable in the case of the appellant. Patna High Court, 16th July, 2008, S.B.P./N.A.F.R. (Barin Ghosh, J.) (J.N. Singh, J.)