The main legal point established in the judgment is the illegality of reducing the petitioner's pay-scale without adhering to principles of natural justice, and the emphasis on equal treatment of employees and the civil consequences of the respondent-State's actions on the petitioner.

JUDGMENT :

The petitioner has approached this Court with a prayer for quashing the Letter dated 12.06.2010 as contained in Memo No.5/Ba-3-29/2010-669 issued by the Deputy Secretary to the Government, whereby and whereunder, the pay-scale of the petitioner has been reduced from the pay-scale of Rs.5500-9000 to the pay-scale of Rs.4000-6000/- and also petitioner’s grade has been lowered from the post of Assistant to Lower Divisional Clerk. Further, prayer has been made for quashing the Letter dated 11.11.2014 as contained in Memo No.1584 issued by the Director, Higher Education, HRD Dept., whereby the petitioner’s pay-scale has been re-fixed pursunt to Letter dated 12.06.2010 as contained in Memo No.699. Further, prayer has been made for a direction upon the respondents to release arrears of salary and difference of salary with interest under 5th & 6th pay revision and also to fix the pension as per 5th & 6th Pay Revision Commission with interest.

2. The case of the petitioner lies in a narrow compass. The petitioner joined as Lower Divisional Clerk (LDC) in Jamshedpur Worker’s College, Jamshedpur on 14.08.1972 and Ranchi University, Ranchi fix the pay-scale of the petitioner on revised scale of Rs.580-860/- on 25.03.1983, wherein it was also mentioned that petitioner will get next increment on 01.04.1982. The State of Bihar vide its Resolution dated 27.01.1982, took decision to merge the pay-scale of Lower Divisional and Upper Divisional Clerks and in this regard, the State Government wrote letters to all the Universities to make them aware about the same. Accordingly, the Human Resources Development Department, Govt. of Bihar vide letter dated 05.10.1989 informed all the Universities that pay scale of Upper Division Clerk and Lower Division Assistant/Clerk has been merged w.e.f. 01.07.1981. Pursuant to letter dated 05.10.1989, Ranchi University, Ranchi issued an Office Order dated 25.04.1990, whereby it has been informed that pay-scale of Lower Division and Higher Division Assistant/Clerk has been merged in the unified pay-scale of Rs.785-1210/- w.e.f. 01.07.1981. The pay-scale of petitioner was again revised w.e.f., 01.01.1996 vide letter dated 24.01.2008 in the pay-scale of Rs.5500-9000/- and petitioner also getting salary as per the revised pay-scale. However, vide impugned letter dated 12.06.2010 as contained in Memo No.699, a provisional pay fixation chart has been issued on the basis of revised 5th Pay Revision, wherein the pay-scale of the petitioner has been reduced to the pay-scale of Rs.4000-6000/-, without assigning any reasons. Aggrieved by the same, he represented before the respondent-University, but no decision has been taken. Hence, the petitioner has been constrained to knock the door of this Court.

3. Mr. Rajesh Kumar, learned counsel for the petitioner assails the impugned order on the ground that the respondent-State illegally and arbitrary and without application of mind, reduced the pay-scale of the petitioner, who is a Grade-III Employee though he is entitled for the pay-scale of Rs.5500-9000/- in view of the merger of the pay-scale and in view of the Notification of the State Government issued vide Memo No.928 dated 11.06.2014, by the Director, Higher Education, Ranchi. He further submits that the respondents have once fixed the pay-scale as recommended by the University in the pay-scale of Rs.5500-9000/-, cannot reduce /re-fix the pay scale, without any notice and without any proceedings. He further submits that fixation of pay-scale is done by the University and also recommend the same before the State Government for approval and on the basis of recommendation, the State fixes the pay-scale of an employee of University. He further submits that in the instant case, the pay-scale of Rs.5500-9000/- has been fixed by the respondent- State also and later on, same was reduced to Rs.4000-6000/-, which is not tenable in the eyes of law . He further submits that impugned order issued by the respondent-State is no