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2010 Supreme(Jhk) 626

D.N.PATEL
Sukanti Kumar Rana – Appellant
Versus
Birsa Agricultural University through the Vice-Chancellor – Respondent


Advocates Appeared:
For the Petitioner: Mr. Binod Kumar Dubey.
For the Respondents: Mr. A. Allam, Ms. N. Sharmin.

Order

The present petition has been preferred mainly on the reasons that pay scale of the present petitioner, who is working as Assistant Agricultural Engineer, has been reduced from Rs.6,500-10,500/- to Rs.5,000-8,000/- viz. in the pay scale of Junior Engineer with effect from 1.1.1996. The impugned order at Annexure-7 is dated 16th September, 2006.

2. It has been submitted by the counsel for the petitioner that without giving any opportunity of being heard to the petitioner, unilaterally and arbitrarily, the impugned orders at Annexures-7 and 8 to the memo of petition have been passed by the respondents, which is in violation of Article 14 of the Constitution of India, and therefore, the same deserve to be quashed and set aside. In fact, the pay scale given to the petitioner for the post of Assistant Engineer was absolutely true and correct and in consonance with the law and unnecessarily what has already been given to the petitioner has been taken away in the year 2006 with retrospective effect and vide Annexure-8, recovery order has also been passed with effect from the year 2004.


3. I have heard learned counsel appearing for the respondents, who has submitted that the petitione















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