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2002 DIGILAW 1019 (JHR)

Bisheshwar Singh v. State Of Jharkhand

2002-09-13

SUDHANSU JYOTI MUKHOPADHAYA

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ORDER S.J. Mukhopadhaya, J. 1. The writ petition was preferred by the petitioner to direct the respondents to pay him the Group Insurance amount and other retrial benefits in the revised scale of Rs. 14,300-400-18,300/- in place of Rs. 12,000-375-16,500/- w.e.f. 3rd April, 2001 till the date of retirement i.e. 31st October, 2001 in terms of Government of Bihars Order, contained in Memo No. 3/M-2-5 (Ve- Pu)-30/99/5357/VI (2) dated 22nd August, 2001, notified vide Notification No. 01/Accounts, dated 18th/22nd January, 2002 and to pay the difference of salary and other arrears on such revision. 2. The case of the petitioner is that he was a Joint Registrar of the Patna High Court when its Ranchi Bench was joint prior to reorganization of the State. He was paid salary in the revised scale of Rs. 12,000-375-16,500/- from the date of promotion. Subsequently, the Patna High Court brought to the notice of the Government of Bihar, the anomaly cropped up in the matter of grant of revised scale of pay to the Registrars of the Court. The recommendation of the Patna High Court remained pending, in the meantime, on reorganization of the State and creation of the Jharkhand High Court, the service of the petitioner was placed as a Joint Registrar, Jharkhand High Court, Ranch! where he joined on 3rd April, 2001. In the Jharkhand High Court, the petitioner was promoted to the next higher post of Registrar and superannuated on 1st November, 2001. 3. The anomaly which was brought to the notice of the Govt. of Bihar was subsequently, taken up and the Government of Bihar, vide its Notification No. 01/Accounts, dated 18th/22nd January, 2002 allowed revised scale of Rs. 14,300-400-18,300/- to the Joint Registrars/Registrars w.e.f. 1st January, 1996 with monetary benefits w.e.f. 1st April, 1997. The petitioner being in Patna High Court prior to creation of Jharkhand High Court, his salary was revised by the AG Bihar in the higher scale of Rs. 14,300-400-18,300/- from the date the petitioner was promoted as Joint Registrar and a Pay Slip was, accordingly, issued by the AG Bihar on 19th March, 2002 (Annexure-9). However, corresponding revision of scale of pay of Joint Registrar/Registrar of Jharkhand High Court having not made by the State of Jharkhand, the salary of petitioner w.e.f. 3rd April, 2001 is being fixed in the lower scale of Rs. However, corresponding revision of scale of pay of Joint Registrar/Registrar of Jharkhand High Court having not made by the State of Jharkhand, the salary of petitioner w.e.f. 3rd April, 2001 is being fixed in the lower scale of Rs. 12,000-375-16,500/- and the retirement benefits have been calculated in such lower scale of pay. 4. It is also alleged that the Group Insurance amount has not yet been paid to the petitioner. 5. The counsel for the Jharkhand High Court informed that the Group Insurance amount has been sanctioned, vide Office Order No. 62, dated 10th September, 2002 (Annexure-R/2). It is also informed that the Jharkhand High Court, Ranchi has requested the Government of Jharkhand by letter dated 5th July, 2002 for revision of scale of pay of Joint Registrar/Registrar in the scale of Rs. 14,300-400-18.300/- w.e.f. 15th November, 2000. It is only on receipt of approval of the State of Jharkhand, the petitioners retirement benefits can be finalized in the revised higher scale of Rs. 14,300-400-18,300/-. 6. The counsel for the petitioner submitted that if the State of Jharkhand do not revise the scale of Joint Registrar/ Registrar, it will create anomaly and will also violate Article 14 of the Constitution of India as on transfer of petitioner in the Jharkhand High Court, he will be deemed to have been transferred to a post with a lower scale of pay, which is not permissible. 7. It was submitted that the post of Deputy Registrar, Joint Registrar and Registrar of High Court all having allowed the common scale of Rs. 12,000-375-16,500/-, the Government of Bihar provided higher revised scale of Rs. 14,300-400-18300/- to the higher post of Joint Registrar/Registrar, which has also been allowed to the petitioner by the Patna High Court from the effective date of promotion to the post of Joint Registrar. 8. The submission aforesaid made on behalf of the petitioner is justified. The petitioner having allowed the revised scale of Rs. 14,300-400-18,300/- as Joint Registrar by Patna High Court, on his transfer, he cannot be provided with a lower scale in the Jharkhand High Court. On reorganization, the employees of the Jharkhand High Court are entitled to receive at least the same scale as provided to the corresponding employees of the Patna High Court. 9. 14,300-400-18,300/- as Joint Registrar by Patna High Court, on his transfer, he cannot be provided with a lower scale in the Jharkhand High Court. On reorganization, the employees of the Jharkhand High Court are entitled to receive at least the same scale as provided to the corresponding employees of the Patna High Court. 9. In the facts and circumstances, the State of Jharkhand is directed to act on the recommendation made by the Jharkhand High Court on 5th July, 2002 and issue notification granting the revised scale of Rs. 14,300-400-18,300/- to the Joint Registrars/ Registrars of the Jharkhand High Court w.e.f. 15th November, 2000 within a period of three weeks from the date of receipt/ production of a copy of this order. 10. The Jharkhand High Court, Ranchi and AG Bihar, in their turn, will take appropriate steps relating to fixation of pay and retirement benefits, such as Pension, Gratuity, Leave Encashment in the revised scale of Rs. 14,300-400-18,300/-and pay the arrears within two months from the date of issuance of Notification by the Govt. 11. The Registrar General, Jharkhand High Court, Ranchi will also en sure that the petitioner gets the Group Insurance amount sanctioned on 10th September, 2002, immediately. 12. The petitioner will produce a copy each of this order to the Chief Secretary, Secretary, Law Department, Cabinet Secretary, and Finance Commissioner, all the Officers of the Government of Jharkhand, as also on the Registrar General, Jharkhand High Court, Ranchi and the AG Bihar and Jharkhand to ensure compliance. 13. In case of non-compliance of directions, the Government of Jharkhand will be liable to pay interest @5% per annum to the petitioner through the Jharkhand High Court, Ranchi. 14. The writ petition stands disposed of with the aforesaid observations and directions. 15. Let a copy of this order be handed over to Mr. Nilesh Kumar, the counsel for the Jharkhand High Court and Mr. B.S. Lal, learned AAG.