CWJC No. 15727 of 2005. Case: Vijay Chandra Roy and Ors. Vs The State of Bihar and Ors.. High Court of Patna (India)
| Case Number | CWJC No. 15727 of 2005 |
| Counsel | For Appellant: Mr. Awdhesh Kr. Mishra, Adv.and For Respondents: Mr. Roy Shivajee Nath, Adv. |
| Judges | Barin Ghosh, J. |
| Issue | Service Law |
| Citation | 2006 (2) PLJR 455 |
| Judgement Date | April 05, 2006 |
| Court | High Court of Patna (India) |
Order:
Barin Ghosh, J.
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Heard both the parties. The seed, which culminated in sprouting Annexure-9, was sown by supplying incorrect informations in the counter affidavit filed in C.W.J.C. No. 9447 of 2004.
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There is no dispute that the 3rd and the 4th Pay Commission Report as accepted by the Government did not make any distinction in between the post of Seed Technicians and Laboratory Assistants. They carried the same salary. At that time, no recruitment rules had been framed which authorised promotion of Laboratory Assistants to the post of Seed Technicians. All through out Seed Technicians carried two separate scales. The higher scale had althrough out been earmarked for agricultural graduates and the lower scale had all through out been earmarked for people other than agricultural graduates. There is no dispute that in order to become Laboratory Assistants, it is not a requirement that the candidate must be an agricultural graduate. There is also no dispute that the petitioners were employed as Laboratory Assistants. At the same time, there is also no dispute that the petitioners were drafted as Seed Technicians and were granted the lower scale of pay earmarked for Seed Technicians other than agricultural graduates. This was done since in order to complete the work of Seed Technicians more hands were required. Inasmuch as the scale of Laboratory Assistants and the Seed Technicians were at par, there was no difficulty in drafting Laboratory Assistants as Seed Technicians. There being no promotional policy that on promotion Laboratory Assistants would become Seed Technicians, there was no impediment in such drafting. After the petitioners were so drafted and they worked for roughly about 20 years as Seed Technicians and in the meantime, persuaded the Government to grant them a better salary than Laboratory Assistants, one Laboratory Assistant namely, Surendra Prasad filed C.W.J.C. No. 9447 of 2004 contending that the petitioners and similar other persons are junior to him in the substantive post of Laboratory Assistant and they have been made to work in the higher post of Seed Technicians in order to give them better remuneration. In the counter affidavit filed to the said writ petition, the above facts were not brought on record. Instead it was contended in the counter affidavit that juniors to the said petitioner are...
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