The principle of 'no one can approbate and reprobate at the same time' was central to the court's decision, emphasizing the appellant's acceptance of the post and pay scale.

Headnote:
Pay Scale - Dispute over Pay Scale - 23.3.2006 - 12000-16500 - The court discussed the resolution of the executive council of BIPARD dated 23.3.2006, which created the post of Joint Director (Accounts) with the pay scale of Rs.12000-16500. The court highlighted the principle of 'no one can approbate and reprobate at the same time' and applied it to the facts of the case, emphasizing that the appellant had accepted the post and pay scale, and therefore cannot resile from the position.
Fact of the Case:

The appellant, a Chartered Accountant, was appointed as Joint Director (Accounts) in BIPARD with a dispute arising over the admissibility of the pay scale of Rs.12000-16500.
Finding of the Court:

The court found that the appellant is entitled to the pay scale of Rs.12000-16500 as per the resolution of the executive council of BIPARD dated 23.3.2006.
Issues: Dispute over the admissibility of the pay scale of Rs.12000-16500 for the post of Joint Director (Accounts) in BIPARD.
Ratio Decidendi: The principle of 'no one can approbate and reprobate at the same time' was applied, emphasizing that the appellant had accepted the post and pay scale, and therefore cannot resile from the position.
Final Decision: The appeal was allowed, and respondent no.4 was directed to ensure the release of the differential amount of salary to the appellant, with his post-retirement benefits to be computed accordingly. No costs were awarded.

ORDER :

Heard Mr. Anil Kumar Jha for the appellant, Mr. Shashi Bhushan Kumar, learned Standing Counsel No. 7 for respondent no.5 and 6, and Mr. Pramod Kumar Jaipuriyar for respondent no.2, 3 and 4.

2. The petitioner of CWJC No.10613 of 2010 has preferred this appeal under Section 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the ORDER :dated 9.7.2010, whereby the writ petition has been dismissed, and his prayer for grant of pay scale of Rs.12000-16500/- for the post of Joint Director (Accounts) in the Bihar Institute of Public Administration and Rural Development (BIPARD for short), has been rejected.

3. A brief statement of facts essential for the disposal of this appeal may be indicated. The appellant is a Chartered Accountant by profession and was an employee of Bihar Industrial Development Corporation as Financial Advisor. Government of Bihar created BIPARD for training of its functionaries. A meeting of the Executive Council comprising of the following functionaries of the State Government was held on 22.3.2006 : –

1. Sri G.S.Kang, Chief Secretary

2. Sri J.K.Datta, Development Commissioner

3. Sri P.N.Narayanan, Finance Commissioner

4. Sri Ashok Kumar Choudhary, Director General, BIPARD

5. Sri K.C.Saha, Commissioner and Secretary, Rural Development Department

6. Sri Alok Kumar Sinha, Secretary, Deptt. Of Disaster Management

7. Sri Ravikant, Secretary, Department of Personnel & Administrative Reforms

By its resolution of 22.3.2006 (Annexure-1), it was decided to create various posts along with pay scales mentioned therein. The post of Joint Director (Accounts) carrying pay scale of Rs.12,000-16500/- was created by the said resolution dated 23.3.2006 (Annexure-1). After the post was so sanctioned, the Director General of BIPARD sent his communication dated 19.6.2006 (Annexure-2), to the Industrial Development Commissioner, to suggest names for appointment to the post of Joint Director (Accounts), carrying pay scale of Rs.12,000-16500/-. It appears from the communication dated 25.7.2006 from the Corporation to the Department of Industries, the Department of Industries had, in its turn forwarded the appellant’s name to BIPARD for consideration and selection for the post in question. By its communication dated 2.9.2006 (Annexure-4), BIPARD selected him for the post of Joint Director (Accounts), by ORDER :dated 5.10.2006. Consequently, the appellant submitted his joining report dated 10.10.2006 (Annexure-5). He continued to function until his superannuation on 31.5.2010, as Joint Director (Accounts) in BIPARD.

4. It appears that a dispute arose about the pay scale admissible to the appellant while on deputation to BIPARD. The appellant’s stand has been that he is entitled to the pay scale of Rs.12000-16500/-. On the other hand, the respondent authorities took the stand that this pay scale sanctioned by the 5th and 6th Pay Commission which has not been adopted by BIPARD and, therefore, inadmissible to the appellant. Further stand of the respondent authorities is that he is entitled to the pay scale he was enjoying before his deputation to BIPARD, leading to the writ petition. The same has been dismissed on the ground that the recommendations of the 5th and 6th Pay Commission have not been adopted by the corporation or BIPARD and, therefore, the pay scale in question has rightly been denied to the writ petitioner (the appellant herein).

5. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears from the resolution dated 23.3.2006 of the executive council of BIPARD that the posts stated therein were created with the pay scales mentioned therein. Relevant portion of the resolution is reproduced herein below : –

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