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2018 Supreme(Pat) 561

RAJENDRA MENON, ANIL KUMAR UPADHYAY
Pankaj Kumar, Son of Late Awdhesh Kamat – Appellant
Versus
State of Bihar through Principal Secretary, Road Construction Department, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Appellant :Mr. Y.V. Giri, Sr. Advocate, Mr. Sumit Kumar Jha, Advocate.
For the Respondents:Mr. Lalit Kishore, Advocate General, Mr. Ashok Kumar Dubey, Advocate.

JUDGMENT :

ANIL KUMAR UPADHYAY, J.

The instant Letters Patent Appeal has been filed on behalf of the petitioner-appellant against the order dated 11.04.2014 passed in C.W.J.C. No. 12147 of 2013, whereby and where under the Writ Court after hearing the parties dismissed the writ application.

2. The petitioner has filed C.W.J.C. No.12147 of 2013 against the order dated 24.09.2012 and order dated 09.04.2013, contained in Annexures-1 and 1/A and 1/B, issued by the Superintending Engineer, Road Construction Department, Road Circle, Saharsa whereby the petitioner was reverted and order of recovery was made on account of the fact that the petitioner was paid salary in the pay scale of Rs. 4000 – 6000/- instead of his entitlement of Rs. 3050 – 4590/-. The Writ Court considered the various aspects of the matter and noted that while effecting 6th Pay Revision Committee recommendation with effect from 01.01.2006 he was not entitled to the revised pay scale of Rs. 5200 – 20200/- with Pay Grade of Rs. 2400/-. The Writ Court rejected the contention of the counsel for the petitioner that since the petitioner was appointed as Junior Accounts Clerk and, as such, he was entitled to the pay scale of Jun












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