IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1516 of 2007 Sukharam Yadav S/o Late Sidhu Yadav resident of Mohalla Chiraiatand P.S. Kankarbagh District Patna …. Petitioner Versus 1. The State Of Bihar 2. Secretary Human Resources Department, New Seretariat, Patna 3. Director (Admn.) Human Resources Department, New Secretariat, Patna …. …. Respondents ----------- 03 29.07.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order bearing Memo No. 1086 dated 18.5.2006, Annexure-3, passed by the Director (Administration)-cum- Joint Secretary, Human Resources Development Department whereunder petitioner has been held entitled for grant of scale of Rs. 4000- 6000/- with effect from 1.1.1996 in partial modification of the departmental letter No. 92 dated 24.4.1999 whereunder petitioner was allowed the higher scale of Rs. 5000- 8000/-. 3. It is submitted on behalf of the petitioner that order bearing Memo No. 1086 dated 18.5.2006, Annexure-3, has been passed reducing the scale of the petitioner without giving him any opportunity of being 2 heard as also without noticing the fact that petitioner served on the post of Head Typist, the order, however, proceeds on the basis that petitioner is serving as Typist, which is incorrect. It is also pointed out that the higher scale of Rs. 5000 – 8000/- is admissible to Head Typist. 4. Aforesaid submission was noticed by this Court under interim order dated 12.3.2007 passed in the instant writ case with direction to the State- respondents to file counter affidavit and not to take any coercive steps against the petitioner. Till date no counter affidavit has been filed. Counsel for the State, A.C. to S.C.-27, however, states that further time may be allowed and matter be taken up for admission on Monday (01.08.2011) by which date counter affidavit shall be filed. Aforesaid request of the counsel for the State to grant further time to file counter affidavit is rejected in view of the order which is being proposed to be passed in the instant case. 5. Impugned order dated 18.5.2006, Annexure-3 reducing the pay scale of the petitioner having been issued without granting the petitioner 3 opportunity of being heard, in the circumstances suffers from the vice of arbitrariness, the writ petition is disposed of directing the petitioner to appear before the Director (Administration)-cum- Joint Secretary, Human Resources Development Department, who shall grant the petitioner opportunity of being heard in the light of the submissions noted in this order and pass appropriate reasoned order in the matter. In the event, contention of the petitioner is accepted by the Director (Administration)-cum- Joint Secretary, Human Resources Development Department then it goes without saying that not only the order dated 18.5.2006, Annexure-3 shall be modified granting the petitioner scale of Rs. 5000- 8000/- with effect from 1.1.1996, but arrears thereof shall also be paid as early as possible, in any case within three months from the date of receipt/ production of a copy of this order before the Director (Administration)-cum- Joint Secretary, Human Resources Development Department. Arjun/ ( V. N. Sinha, J.)