High Court dismisses appeal of Bihar Finance Department against an Electrician

In the State of Bihar through Principal Secretary, Finance Department vs. Hirdayanand Tiwari, Patna High Court's Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, heard the appeal filed by the State against the judgement dated December 13, 2021 delivered by the Single Judge Bench of Justice P. B. Bajanthri and endorsed it in their judgement dated September 3, 2024. Besides Principal Secretary, Finance Department, Bihar, there were four appellants, namely, the Principal Secretary, Minor Irrigation Department, Bihar, the Engineer in Chief, Minor Irrigation Department, Bihar, the Co-ordinator-cum-Chief Engineer, Tube Well Project, Muzaffarpur and the Executive Engineer, Tube Well Division, Motihari. The Division Bench judgement concluded: "We find absolutely no reason to interfere with the judgment of the learned Single Judge". It provided additional reasons in support of the judgement of the Single Judge.

The Single Judge Bench had heard Hirdayanand Tiwari's prayer who was appointed as an Electrician in the Tube-well Department. Initially, he was extended the pay-scale of Rs. 1200-1800. The Pay-scale was revised from time to time. In the year 1996, the post of Electrician was revised among other posts. The petitioner was extended benefit of Rs. 4000-6000, thereafter, the Department noticed that such extension of pay-scale of Rs. 4000-6000 by the petitioner in the year 1996 with reference to revised pay-scale as on 01.01.1996 was incorrect. In the result, an order was passed for re-fixation of pay and order for recovery. It was the subject matter of litigation before this Court in CWJC No. 10325 of 2012 and it was decided on March 8, 2019 in favour of the petitioner. The impugned order dated September 19, 2019 was passed re-fixing the petitioner’s pay w.e.f. January 1, 1996 in the pay-scale of Rs. 3050-4590. The petitioner petitioner was initially extended the pay-scale of Rs. 1200-1800 for the Electrician Post. He was given corresponding revised pay-scale from time to time. As on January 1, 1996, the Electrician post carries the pay-scale of Rs. 1200-1800 as was revised to Rs. 4000-6000. He submitted that the concerned respondent’s decision dated September 19, 2019 was not with reference to the service record in which petitioner’s pay-scale has been mentioned as Rs. 1200-1800 at the time of appointment to the post of Electrician. Hence, the impugned order dated September 19, 2019 was liable to be set aside and petitioner be extended the benefit of pay-scale of Rs. 4000-6000 that was revised on January 1, 1996 and he was entitled to consequential benefits.

Justice Bajanthri had set aside the impugned order dated September 19, 2019. His judgement reads: "Petitioner is entitled to revised pay-scale of Rs. 4000-6000 as on 01.01.1996 in the Electrician Cadre, the same shall be extended. If the petitioner is entitled for arrears of pay and revision of pension, the same shall be calculated and disbursed to the petitioner within a period of three months from the date of receipt of this order. Accordingly, the present petition stands allowed with a cost of Rs. 10,000/- which shall be paid to the petitioner by the respondents."

It was this judgement which was unsuccessfully challenged by the Principal Secretary, Finance Department, Government of Bihar. The Division Bench judgment observed:"At the outset, it is trite that when an employee is promoted to a new cadre or regularized in the services; there cannot be any discrimination on the basis of the source from which the promotion was conducted or the regularization was made, especially when, in the promoted post or the regular post the employee continues with the very same responsibilities, obligations and duties as a person who was promoted or appointed from another source." The judgement was authored by Chief Justice Vinod Chandran.