IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7691 of 2010 1. BISHWANATH DEV S/O LATE BINOD LAL DEV R/O DUTTA VILA, RAJ KISHORE PATH, NEW AREA KADAM KUAN, P.S. KADAM KUAN, TOWN AND DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 2. DIRECTOR, BIHAR BANGLA ACADEMY ROAD NO. 7, RAJENDRA NAGAR, PATNA 3. CHAIRMAN, BIHAR BANGLA ACADEMY ROAD NO. 7, RAJENDRA NAGAR, PATNA 4. DEPUTY DIRECTOR, HIGHER EDUCATION DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5. DY. SECRETARY, MINORITY WELFARE DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA ----------- 6 3.9.2010 Bihar Bangla Academy is an autonomous Body under the Human Resources Department, Govt. of Bihar . The petitioner was appointed in the year 1986 by the Academy as Accounts Clerk, which appointment had been approved by the State. It appears from the facts, now brought on record by the counter affidavit of the Academy itself, that there was a sanctioned post of Head Accountant but as there was no need for such a post instead there was a need for Accounts Clerk, Academy down graded the post of Head Clerk –cum- Accounts to the post of Accounts Assistant. The petitioner was appointed on that post in the year 1986 itself. Right from 1986 the annual budget is accordingly prepared. That would show that the petitioner is an Accounts Assistant showing him down graded in the pay scale submitted to the Government, payment received and payments made. All of a sudden , recently by the changed administrative set up, payment of salary to the petitioner was stopped . - 2 - Petitioner filed this writ petition. In the counter affidavit, first filed, the stand was that there is no sanctioned post of Accounts Assistant and as such no payment could be made .To the question of the Court whether there was a sanctioned post of Head clerk –cum- Accountant and whether it was down graded or not, there was no answer. Accordingly this Court directed the Academy to file a supplementary counter affidavit annexing the budget prepared and sent to the State which would show as to what was the post and what was the financial liability in respect thereof. A supplementary counter affidavit has been filed. In the supplementary counter affidavit, there is Annexure Q, being budget for the year 2010-11, sent to the Director, Higher Education, Human Resources Department, Govt. of Bihar. A bare reference to the said and for particular purpose the recruitment thereof clearly bring out the whole case in favour of the petitioner. It is clearly provided therein that the post of Head Clerk-cum- Accounts is sanctioned as against the post of Accounts Assistant. It is clearly indicated that it is not a sanctioned post but occupied. Then it is noted clearly that as against the post of Head Accountant, the post has been down graded to Accounts Assistant that is the complete submission of the petitioner. That being the position, the petitioner cannot be denied payment as per pay scale mentioned therein. Learned counsel for the State states that as per budget received, which includes what has been discussed above, funds have - 3 - been duly sanctioned. Petitioner cannot be deprived of his legitimate dues. I accordingly allow this writ petition and direct the Academy to immediately clear the entire dues of the petitioner as shown in the budget not later than one month from today and continue to pay the same till stopped in accordance with law. singh (Navaniti Prasad Singh,J)