IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 2976 of 2009 RAJA RAM SINGH, SON OF LATE NARAYAN SINGH, RESIDENT OF MOHALLA – HARMANDIR GALI, P.S. – CHOWK, DISTRICT- PATNA ……………….. PETITIONER VERSUS 1. THE MAGADH UNIVERSITY THROUGH VICE-CHANCELLOR, BODH GAYA, GAYA 2. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA 3. THE FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA 4. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA 5. THE PRINCIPAL SRI GURU GOVIND SINGH COLLEGE, PATNA-SAHEB, PATNA ……………… RESPONDENTS ---------------------------------- 07. 26.08.2011 Heard learned Counsel for the petitioner and the University. Petitioner’s father died in harness while working as Class-IV employee at Guru Govind Singh College, Patna City. Petitioner has filed this application for compassionate appointment and he was appointed on compassionate ground on the vacant post of Routine Clerk vide order dated 23.03.1995 as Daily Wager. Subsequently, his appointment was regularized in the year 1999 by issuing another appointment letter, whereby he was appointed on the post of Routine Clerk in the pay-scale of Rs. 1200-1800. Petitioner’s grievance is that the pay-scale of 1200-1800/- was revised to Rs. 4000-6000/- and his salary was fixed in revised pay-scale. Suddenly, in the month of March his salary was reduced and fixed in the 2 pay-scale 3050-4520/-, which is not the replacement revised scale of Rs. 1200-1800/-. Petitioner represented his case before the concerned authorities of the University and Principal of the College, but nothing was considered. Grievance of the petitioner is in two folds: Initial appointment in the year 1995 itself should have been on regular basis in the pay-scale of Rs. 1200-1800/- in stead of a daily wager. His regular appointment was made in the year 1999, but there is no document on record indicating that petitioner has raised any grievance in respect of his compassionate appointment as a daily wager prior to filing of the Writ Application. However, counsel, appearing for the petitioner submits that he had represented before the authorities even, prior to filing of this Writ Application. Petitioner should represent before concerned authorities. In case of filing such representation by the petitioner, the Principal of the College as well as the Registrar of the University will consider it and pass necessary orders. Anyone being appointed on compassionate ground should not be appointed as a daily wager, in case sanctioned and vacant post is available. Petitioner is claiming that he was appointed 3 as daily wager against the sanctioned vacant post, if that is the matter, the Respondent authorities must consider petitioner’s case for regular appointment with effect from 23.03.1995. Main relief, for which this Writ Application has been filed by the petitioner relates to payment of his salary in the reduced scale. Petitioner was appointed on the post of Routine Clerk in the pay-scale of Rs. 1200- 1800/-, the replacement revised scale of which is Rs. 4000-6000/-. Since 1999, till February, 2008, he was being paid his salary in this very scale, but suddenly his salary was reduced and fixed in a lower scale, though there was no reason for reduction of his salary. Counter Affidavit filed on behalf of the Magadh University, Bodh Gaya, do not disclose the reason for such reduction but simply states that as per the report of the Principal, Guru Govind Singh College, Patna City, that petitioner was getting salary in the pay-scale of Rs. 4000-6000/-, steps for pay fixation will be taken, process for which has already been initiated by the State Government. Since, Principal has already forwarded his recommendation for pay fixation of the petitioner in the pay-scale of Rs. 4000-6000/-, it will be considered and order will be passed. Petitioner will also 4 be entitled for difference of arrears of salary, on account of payment of his salary in the reduced scale. Since claim of the petitioner has not been disputed, rather Principal has supported his case and also recommended for fixation of his salary in the pay- scale of Rs. 4000-6000/-, the State Government as well as the University will pass necessary orders in this regard. Payment of salary to the petitioner will be made in the pay-scale of Rs. 4000-6000/-. Difference of arrears of salary on account of payment of his salary in the reduced pay scale must be paid to the petitioner within eight weeks from the date of production / communication of this order. With the aforesaid observation / direction, this Writ Application is allowed. SKM (Mridula Mishra, J.)