Raj Kumar Prasad Sao vs The State of Bihar and Others

Ajay Kr. Tripathi, J.—In all these matters the dispute raised by these Petitioners was with regard to the reduction of pay-scale which was earlier given to them by the Respondents specially the Department of Art, Culture and Youth, Government of Bihar. There has been a long drawn battle with regard to the pay-scale and entitlement thereto of similarly situated employees and now a notification No. 1348 dated 2.12.2009 issued by the Joint Secretary of the Department has been brought to the notice of this Court. The authorities have finally turned around and accepted that Petitioners are entitled to the pay-scale notified in the said notification.

Since the notification settles the issue, no adjudication of the dispute is required except for a direction that the Respondents would now be obliged to make payment of salary based on the said pay-scale where payment has not been made or refund of the amounts if deduction had been effected by virtue of the earlier orders passed in this regard when the pay-scale was reduced.

Since the Petitioners would be entitled to certain consequence flowing from the new pay-scale notified, it goes without saying that it will accrue to them.

All these writ applications stand disposed of with the above direction.