AWADHESH KUMAR Vs. STATE OF BIHAR
LAWS(PAT)-2017-8-148
HIGH COURT OF PATNA
Decided on August 30,2017

AWADHESH KUMAR Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

Anil Kumar Upadhyay, J. - (1.)The appellant has filed the instant Letters Patent Appeal under Clause 10 of the Letters Patent of the Patna High Court Rules against the judgment dated 3.5.2016 passed in CWJC No. 5150 of 2014 whereby the writ petition filed by the appellant was dismissed by the Writ Court on the ground that Annexure-2 is not an option in terms of Form-D and obviously is a creation as an afterthought to build a case for interference with the decision taken in the year 2002.
(2.)The writ petition was filed by the appellant challenging the correction in the pay scale of the appellant done by the District Accounts Officer on 26.10.200 The Writ Court relying on the statement of the counsel for the State that Annexure-2 is not the option in Form-D and it is an afterthought to build a case after decision of revision of pay scale by the District Accounts Officer dated 26.10.2002, dismissed the writ petition.
(3.)In the Letters Patent Appeal, counsel for the appellant submitted that the Writ Court has committed error of record in ignoring Annexures 2,4 and 5 and dismissed the writ application on misconstruction of fact as well as law. This Court in order to examine the veracity of claim of the appellant vide order dated 30.2017 directed the respondents to produce the original Service Book of the appellant for perusal of the Court at the time of hearing. Today counsel for the respondents has placed the Service Book of the appellant, Awadhesh Kumar Dubey, Assistant Teacher +2 Indira High School, Chitravan, Buxar. From perusal of the Service Book we noticed that the pay scale of the appellant was fixed on the basis of his option as per Form-D and his pay was fixed at Rs. 7,501/-. The said pay fixation was duly incorporated in the Service Book by the competent authority in terms of the Finance Department Resolution No. 660(2) dated 8.2.1999. However, in red ink certain corrections have been made without any endorsement as to who has done that correction in red ink in the Service Book and under whose authority the said correction was made. The original Service Book produced before us does not indicate the reason for correction or authority under whose direction the corrections were made in the Service Book.


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