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2001 DIGILAW 309 (JHR)

Yogendra Pd. Sah v. State Of Jharkhand

2001-05-08

SUDHANSU JYOTI MUKHOPADHAYA

body2001
ORDER S.J. Mukhopadhaya, J. 1. All these cases relate to fixation of pay on promotion and payment of salary. 2. According to the petitioners, they are covered by the decision of Patna High Court in Maha Shankar Sinha and Ors. v. State of Bihar and Ors., CWJC No. 2405/97. disposed of on 17th September, 1997. 3. It appears that the scale of the State Governments employees were revised in pursuance of Finance Departments Resolution No. 6022 dated 18th December, 1989. Under clause (13) therein, it was stipulated to fix pay on promotion/adjustment in terms with Rule 22(c) of the. Fundamental Rules. The part of a number of persons were fixed, accordingly, on their promotion/adjustment in terms with Fundamental Rule 22(c). Subsequently, the State of Bihar issued another Resolution No. 1000 dated 20th February. 1993 from its Finance Department whereby and where-under, clause (13) of the Resolution dated 18th December, 1989 was amended in the matter of fixation of pay and it was ordered to fix pay in terms with Rule 78(ii) of the Bihar Service Code. 4. The Finance Departments Resolution No. 1000 dated 20th February. 1993 fell for consideration before Patna High Court in the case of Maha Shankar (supra). In the said case, the Court vide its judgment and order dated 17th September. 1997, held that the Resolution dated 20th February. 1993 and the amendment made in pursuance of the said Resolution is prospective, in nature, with effect from 20th February. 1993. Any promotion, if already granted, or on conversion of the post made prior to 20th February. 1993 in terms with Resolution dated 18th December, 1989 and/or, if a person is entitled for such promotion and/or conversion from a date prior to 20th February, 1993, the Resolution dated 20th February. 1993 will have no effect in such cases. 5. The petitioners have pleaded that their case is covered by the aforesaid decision of Maha Shankar Sinha, (supra), having promoted prior to 20th February, 1993 and as their pays have been fixed in terms with Resolution dated 18th December, 1989. 6. If that be so, the petitioners may bring the same to the notice of the competent-authority, who will pass appropriate orders within two months on the representations of the petitioners, as may be filed. 7. 6. If that be so, the petitioners may bring the same to the notice of the competent-authority, who will pass appropriate orders within two months on the representations of the petitioners, as may be filed. 7. If one or other petitioner has been promoted prior to 20th February, 1993, their pays will be fixed in terms with Resolution dated 18th December, 1989 and the subsequent Resolution dated 20th February, 1993 cannot be given effect to. 8. On such decision, if it is found that certain amount has been deducted and/or withheld, the respondents will release the same. 9. The counsel for the State submits that the question relating to legality and propriety of promotion may be pending before the authorities. If that be so, the respondents may take appropriate steps after notice and hearing the parties. 10. All the writ petitions stand disposed of with the aforesaid observations and directions. 11. If any representation is filed by one or other petitioner within fifteen days, the respondents will not recover any amount in pursuance of Resolution dated 20th February, 1993, till final decision is taken. 12. Petition disposed of.