CIVIL WRIT JURISDICTION CASE No.3032 OF 1994 With CIVIL WRIT JURISDICTION CASE NO.2367 OF 1994 In the matter of applications under Articles 226 and 227 of the Constitution of India. … CWJC No. 3032/1994: Naresh Pandit, son of Shri Raghu Pandit, Mandal Colony, Anisabad, Patna - petitioner. Vs. 1. The State of Bihar, 2. The Commissioner cum Secretary, Department of Personnel & Administrative Reforms, Bihar, Patna. 3. The Commission cum Secretary, Finance Department, Bihar, Patna. 4. Shri Gulam Tahir, Deputy Secretary, Department of Personnel & Administrative Reforms, Bihar, Patna – Respondents. CWJC No. 2367/1994: Binay Kumar Lal, son of Shri Ramdeo Lal, Ram Govind Singh Lane, Mohalla Punaichak, PS Shastrinagar, Patna – petitioner. Vs. 1. The State of Bihar, 2. The Commissioner cum Secretary, Department of Personnel & Administrative Reforms, Bihar, Patna. 3. The Commissioner cum Secretary, Finance Department, Bihar, Patna. 4. Joint Secretary, Department of Personnel & Administrative Reforms, Bihar, Patna – Respondents. … For the petitioner : None in both the cases. For the State : None in both the cases. … P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A.Khan,J. The petitioners were initially appointed on the posts of Steno Typist in the office of the Executive Engineer , Water & Sewerage Board, Patna (P.H.E.D.) on 17.6.1973 and 9.6.1975 respectively. After completion of ten years’ service, they were promoted to Junior Selection Grade in the then pay scale of Rs.730- 1080/- under 1st Time Bound Promotion. 2. The petitioners applied for the post of Personnel 2 Assistant and appeared in the test conducted by the Bihar Public Service Commission in 1980. It is said that after being selected, they were granted the pay scale of Rs.785-1210/- although they were drawing higher pay in the scale of Junior Selection Grade. The petitioners pray that they should be given the same protection as Haridwar Mishra and others. 3. The stand of the State is that with respect to the cases of Haridwar Mishra, Sri Prakash Kumar Sinha and Ajay Kumar, the Government in response to the order of the High court has protected their pay scale. As far as the petitioner of CWJC No. 2367/1994 and CWJC No. 3032/1994 are concerned, the facts are slightly different. 4. It has been stated that rule 78 of the Bihar Service Code is applicable when appointments are made to a new post which involve assumption of duty or of a greater importance than those attached to such permanent post, the incumbent will draw the initial pay just next to the scale of pay in respect of old post. It is said that rule 78 is not applicable to these petitioners. 5. With respect to petitioner Vinay Kumar Lal, the case on behalf of the State is that the petitioner was working on the post of Junior Selection Grade on purely temporary capacity. The pay protection in such case is governed by Finance Department circular no. 3671, dated 4.4.1978 which provides that a pay scale of a Government servant appointed to the post of a higher responsibility is protected subject to the condition that he is there on officiating basis for the last three years. It is said that the condition aforesaid is not 3 fulfilled in the case of petitioner Vinay Kumar Lal, who was promoted to the post of Junior Selection Grade with effect from 9.6.1985 whereas he joined as Personal Assistant on 16.1.1986 and as such pay protection was not justified in the case of petitioner Vinay Kumar Lal. 6. These matters now must have been settled by the department since the cases are very old and new pay scales have been implemented by the State Government. 7. The petitioners are not represented by any counsel in these cases and as such no order can be passed with respect to claims made by them. 8. These writ petitions are dismissed for non- prosecution. Patna High Court, April 20, 2010, NAFR / haque (Sheema Ali Khan, J.)