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 petitioner was wrongly given the higher pay scale as he is a Diploma in Engineering and therefore, he is entitled to the pay scale of the Junior Engineer and wrongly the pay scale of Assistant Engineer was given to the petitioner and therefore, the order at Annexure-7 has been passed as the petitioner is entitled to get the pay scale of Rs.5,000-8,000/- with effect from 1.1.1996 and consequently an order at Annexure-8 has also been passed for recovery of the excess amount paid to the petitioner.

4. Having heard counsel' for both sides and looking to the facts and circumstances of the case, I hereby quash and set aside the order at Annexure-7 dated 16th September, 2006, whereby the pay scale of the petitioner has been reduced with effect from 1.1.1996 for the following facts and reasons:-

(i) The present petitioner was appointed as Assistant Agricultural Engineer in the year 1991. Order of appointment is at Annexure-1 to the memo of the present petition. It appears that from the very beginning the petitioner was appointed as Assistant Agricultural Engineer and not as Junior Engineer.

(ii) Vide office order at Annexure-2 also it appears that the present petitioner was absorbed on the post of Assistant Agricultural Engineer with effect from 19th August, 1991 and thus, the stand taken by the respondents that the petitioner is a Junior Engineer is contrary to this Annexure-2.

(iii) It also appears looking to the further documents i.e. from Annexure-3 that the petitioner is an Assistant Agricultural Engineer and was allotted a new General Provident Fund Account number. This letter is dated 8th September, 1992.

(iv) It further appears from Annexure-4 that the pay scale of the present petitioner was fixed on the post of Assistant Agricultural Engineer. From this Annexure also, it appears that the petitioner was never appointed or absorbed or given the pay scale of Junior Engineer. Thus, the stand taken by the respondents is contrary to this Annexure also.

(v) It further appears from office order dated 18th March, 2004 that the petitioner's services has been re-affirmed on the post of Assistant Engineer in the pay scale of Rs.6,500-10,500/- by the respondents. This office order has been issued on the recommendation of the Fitment Committee Notification Bihar Gazette (Extra) dated 13th February, - 1999, which is already referred in Annexure-5 to the memo of the present petition.

(vi) Thereafter it also appears that the pay scale of the present petitioner on the post of Assistant Agricultural . Engineer has been enhanced/revised and the revision in the pay scale has been described in much detail at Annexure-6. Thus, there is also enhancement/revision in the pay scale of the present petitioner on the post of Assistant Agricultural Engineer.

(vii) It appears that abruptly and un