IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.961 of 2009 IN (CIVIL WRIT JURISDICTION CASE 13916/2004) ======================================================= ==== 1. The State Of Bihar, through the Secretary, Department of Civil Aviation, Bihar, Patna 2. The Chief Secretary, Govt. of Bihar, Patna 3. The Secretary, Department of Finance, Bihar, Patna 4. The secretary, Department of Personnel & Administrative Reforms, Govt. of Bihar, Patna … Respondents/Appellants .... .... Appellant/s Versus Dr.Sudhir Kumar Thakur, son of late Viswa Nath thakur, resident of A.G. Quarter, Civil Aviation Department, I.A.S. Bhawan, Patna Airport, P.S.-Gardanibagh, District-Patna .. Petitioner/Respondent .... .... Respondent/s ======================================================= ==== Appearance : For the Appellant/s : Dr. Devendra Kumar Sinha, AAG-2 Abhinay Raj, AC to AAG-2 For the Respondent/s : Dr. Mayanand Jha, Advocate ======================================================= ==== CORAM: HONOURABLE JUSTICE SMT. T. MEENA KUMARI and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE JUSTICE SMT. T. MEENA KUMARI) The present appeal has been filed against the order dated 18.09.2008 passed in C.W.J.C. No. 13916 of 2004. The main grievance of the respondent in the writ petition was with regard to lowering his pay-scale from 12,000/- to 2 16,500/- to 10,000/- to 15,200/- by the Government holding that the post of O.S.D.– cum-ex officio Under Secretary which the respondent was holding was not included in the revision of pay-scale. A notification has been issued being Notification No.713 of 2006 mentioning therein that the respondent was not entitled for the pay-scale of 12,000/-16,500/- with effect from 09.08.1999 i.e. from the date when the second A.C.P. was granted to the respondent. The respondent has entered into the service of the Government when the Govt. took over the Bihar Flying Club and he went on deputation to Food and Civil Supplies Corporation and came back to the parent department. Accordingly, he was designated to the post of O.S.D.-cum-Ex- Officio Under Secretary. But however, the said post was not included in the revision of pay- scale, and therefore, the matter was referred to the Cabinet Sub Committee and the Cabinet Sub Committee recommended the pay scale of Rs. 10,000/-15,200/- for this post with a note that if the Government so pleases higher pay- scale can be given provided the designation is changed as Deputy Secretary, as per letter no. 3 3944, dated 10.06.2000. The main contention of the respondent herein is that the notification no.713 of 2006 was issued in violation of principles of natural justice by which the pay-scale of the respondent was revised. The learned Single Judge was pleased to allow the writ petition and quashed the said notification. Aggrieved by the same, the present appeal has been filed. The learned A.A.G. no.2 argued before us that respondent was not entitled to hold the post of O.S.D.-cum-Ex-officio Under Secretary as when he made a representation to the Chief Minister, the said post was not included in the revision of pay-scale and the post to which the respondent was entitled to carry the pay-scale of Rs.10,000/- to 15,200/- .The Cabinet Sub Committee accordingly has recommended for such pay-scale. The notification no. 253 which was issued on 07.03.2006 also held that the respondent was entitled to only the revised pay-scale of Rs. 10,000/- to 15,200/- with effect from 09.08.1999. From the material available on record, it shows that the designated post of ‘O.S.D.-cum-Ex officio Under Secretary’ was 4 not included in the initial revision of pay- scale of Rs. 3,700/- 5,000/- to 12,000/- 16,500/-. However, learned counsel for the respondent urged before us that as notification No. 713 of 2006 was issued without any prior notice to the respondent- herein, it is in violation of principles of natural justice. After hearing counsel for both sides, we are of the opinion that the controversy revolves around the eligibility of the respondent to hold the post of O.S.D.-cum-Ex officio Under Secretary as the Cabinet Sub Committee felt that it is for the Government to decide as to whether such post carried the pay-scale of Rs. 10,000/- to 15,200/- and therefore left the choice upon the Government to re-designate the aforesaid post as Deputy Secretary by amending letter no. 3944 dated 10.06.2000. But however, as there is no material placed before us by the State to the effect that a proper notice has been issued before revising the pay-scale of Rs.12,000/- to 16,500/- to 10,000/- to 15,200/- by notification no. 713 of 2006 with effect from 09.08.1999. We concur with the observation of 5 the learned Single Judge that there is violation of principle of natural justice. We also agree with the learned Single Judge that the State should have followed the principles of issuing prior notice before issuing notification No. 713 of 2006. Under the above circumstances, without going into the merits of the case and also eligibility of the respondent to hold the post of O.S.D.-cum-Ex officio Under Secretary, we are of the opinion that it would suffice if the state is directed to issue a prior notice to the respondent with regard to the reduction of his pay-scale from Rs. 10,000/- to 15,200/- in spite of 12,000/- to 16,500/- and the respondent is also entitled to file his objection and the same shall be decided by the appropriate authority in accordance with law as expeditiously as possible preferably within a period of six months from the date of filing of the objection after affording an opportunity of hearing to the respondent without being influenced by any observation made by learned Single Judge as well as this Court. Liberty is also granted to the respondent to agitate his right if he is 6 aggrieved by the orders passed by the authority. With the above observation, the appeal stands disposed of. Patna High Court Dated 27th July, 2011 Ashwini/N.A.F.R. (T.Meena Kumari,J.) (Ahsanuddin Amanullah, J.)