State of Bihar vs Hirdayanand Tiwari

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 541

K. VINOD CHANDRAN, PARTHA SARTHY
State of Bihar – Appellant
Versus
Hirdayanand Tiwari – Respondent

Advocates:
For the Appellants : M/s Ajit Kumar GA-9, Vikash Jha A.C. To G.A.9.
For the Respondent: Mr. Satish Kumar Sinha.

K. Vinod Chandran, CJ.—The State is aggrieved with the order of the learned Single Judge which declined to sustain the re-fixation of pay revision of the petitioner, effected while in service; attempted to be modified after retirement.

2. The learned Single Judge refused to accept the contention raised by the State Government that as on 01.01.1996 there were two types of posts of Electrician; one carrying a lesser pay scale than the other. The writ petitioner who was alleged to be entitled only to the lower scale of pay, was inadvertently fixed at a higher pay scale resulting in the revision also being carried out in the higher pay scale; argued the State. It was found in the impugned order that the State Government did not produce any material to show that the writ petitioner was initially appointed in the lower pay scale; while Annexure-1 relied on by the writ petitioner was an extract of the Service Register clearly indicating that he was appointed in the higher pay scale of Rs. 1200-1800 which was revised as Rs. 4000-6000. Relying on the Service Register, the learned Single Judge set aside the re-fixation and rejected the contention of the State that there were two establishment

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