IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9267 of 2009 ARUN KUMAR VERMA, Son of Sri Bhola Prasad, Resident of Gandhi Nagar Colony, Gobarsahi Road, Muzaffarpur (Bihar):-- Petitioner. Versus 1. THE BIHAR STATE BEVERAGES CORPORATION LTD., Bidyut Bhawan-II, 1st Floor, Jawahar Lal Nehru Marg, Patna. 2. The Managing Director, The Bihar State Beverages Corporation Ltd. Bidyut Bhawan-II, 1st Floor, Jawahar Lal Nehru Marg, Patna. 3. The Senior General Manager (H.R. & Administration), The Bihar State Beverages Corporation Ltd. Bidyut Bhawan-II, 1st Floor, Jawahar Lal Nehru Marg, Patna. 4. The Senior General Manager (Finance & Accounts), The Bihar State Beverages Corporation Ltd. Bidyut Bhawan-II, 1st Floor, Jawahar Lal Nehru Marg, Patna. 5. The Accounts Officer (Headquarter), The Bihar State Beverages Corporation Ltd. Bidyut Bhawan-II, 1st Floor, Jawahar Lal Nehru Marg, Patna. 6. The Depot Manager (IMFL), The Bihar State Beverages Corporation Ltd., Madhepura :--- Respondents. ----------- For the petitioner :- Mr. Amrendra Narayan Rai, Advocate. For the Corporation :- Mr. Vikas Kumar, Advocate. ====== 4. 09.11.2009. Heard learned counsel for the petitioner as also the counsel for the Bihar State Beverages Corporation Ltd. and its authorities. 2. Petitioner was initially appointed as an Accountant in the Bihar State Forest Development Corporation Ltd. and before his deputation in the Bihar State Beverages Corporation he was in the scale of Rs. 4500-7,000/- and getting a salary of Rs. 7250/- per month. While petitioner continued to serve the Forest Development Corporation and getting Rs. 7250/- per month, the Bihar State Beverages Corporation published employment notice for various post including the post of Accountant and Assistant Accountant in the scale of Rs. 5500-9,000/- and 4,000-6,000/- with stipulation that those who are serving in the State/ Public Sector undertaking in the same scale may apply for deputation in the Beverages Corporation. Petitioner in response to Annexure-1 submitted his application for the post of Accountant in the scale of Rs. 5500-9,000/- . In consideration of his request he was also appointed on deputation in the Bihar State Beverages Corporation as Accountant in the scale of Rs. 5500-9,000/-. Later, authorities discovered that he has been wrongly appointed in the scale of Rs. 5500-9,000/- whereafter the two impugned orders, Annexures 10 and 11 have been passed reverting him to the post of Assistant Accountant in the scale of Rs. 4,000- 6,000/- and thereby he is being paid emoluments less than what he was - 2 - drawing last in the Forest Development Corporation i.e. Rs. 7250/- per month. 3. Counsel for the Bihar State Beverages Corporation has filed counter affidavit. He states that petitioner having not been serving the Forest Development Corporation in the scale of Rs. 5500-9,000/- his deputation as Accountant in the Beverages Corporation in the said scale was erroneous and appreciating such error he has been placed in the new scale of Rs. 4500-7,000/-, the same scale in which petitioner served in the Forest Development Corporation. 4. Having heard counsel for the petitioner and the counsel for the Bihar State Beverages Corporation Ltd., I am of the view that the Corporation under the two impugned orders, Annexures- 10 and 11 may have placed the petitioner in the scale of Rs. 4500-7,000/- but his salary has been fixed without granting him the pay protection to which he is entitled to and should have been allowed the salary which was paid to him while he was serving the Forest Development Corporation i.e. Rs. 7250/- with effect from the date of his deputation in the Bihar State Beverages Corporation Ltd. Accordingly, I direct the Bihar State Beverages Corporation Ltd. to grant the petitioner the scale of Rs. 4500-7,000/- and fix his pay at Rs. 7250/- which he was getting while serving the Forest Development Corporation with effect from the date of his deputation in the Bihar State Beverages Corporation Ltd and there should be no recovery from the petitioner’s monthly salary on the basis of Annexures 10 and 11 as petitioner was never paid in the Bihar State Beverages Corporation Ltd. emoluments beyond Rs. 7250/- which he was being paid while serving the Forest Development Corporation. The amount recovered from the petitioner’s monthly salary on the basis of Annexures 10 and 11 should be refunded to the petitioner in the light of the stay order dated 5.8.2009 passed in the instant case. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)