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2009 DIGILAW 1092 (JHR)

Cyril Birendra Nath Hansdah v. State of Jharkhand

2009-08-07

AMARESHWAR SAHAY

body2009
JUDGMENT : Heard the parties. 2. The petitioner, who retired on 30.6.2002 on the post of Joint Director (Industries), Govt. of Jharkhand, has filed this application with a simple prayer that the respondents be directed to implement the recommendation made by the Fitment Appellate Committee and fix the pay scale of the petitioner in the pay scale of Rs. 14,300-18,300/- of the post of Joint Director (Industries). 3. The grievance of the petitioner is that pursuant to Vth Pay Revision Committee in 1996 the Fitment Appellate Committee, which was constituted under the chairmanship of a serving Judge of the High Court to consider any errors or mistakes in the recommendations made by the Fitment Committee or the State Government's decision, the State Government had agreed that the recommendation of the Fitment Appellate Committee would be binding and its recommendations would be implemented by the State Government with effect from 1.1.1996, however it was said that the material benefits would be allowed w.e.f. 1.4.1997 only. 4. It is stated that though the petitioner has retired on 30.6.2002, but up-till now the recommendation of the Fitment Appellate Committee recommending to fix the pay scale of the Joint Director (Industries) in the pay scale of Rs. 14,30018,300/-, but the said recommendation has not yet been implemented though the recommendation was made long back but the petitioner is being deprived of the difference of pay right from 1.4.1997 which he is entitled to get on the basis of the aforesaid recommendation of the Fitment Appellate Committee. 5. Two counter affidavits have been filed one sworn by Under Secretary, Department of Finance and another sworn by Deputy Secretary, Department of Industries and in both the counter affidavits, it has been stated that the Department of Finance, Govt. of Jharkhand is under active consideration and the issue will be resolved very soon. 6. These two affidavits were filed in the year 2003 and till date admittedly the issue has not yet been resolved and the recommendation of the Fitment Appellate Committee till today has not been implemented. It is high time, the State Government now should take a final decision for implementing the recommendation of the Fitment Appellate Committee. 7. 6. These two affidavits were filed in the year 2003 and till date admittedly the issue has not yet been resolved and the recommendation of the Fitment Appellate Committee till today has not been implemented. It is high time, the State Government now should take a final decision for implementing the recommendation of the Fitment Appellate Committee. 7. As already noticed above, since the State Government had agreed that the recommendation of the Fitment Appellate Committee would be binding on it and therefore I fail to understand as' to why even after submission of the report of the Fitment Appellate Committee, which was made some time 1999-2000, the same has not yet been implemented. 8. Considering the facts and circumstances of the case, this application being disposed of with a direction to the respondent nos. 2-Secretary, Industries Department, Govt. of Jharkhand and Secretary, Finance Department, Govt. of Jharkhand to consider and pass an appropriate order in accordance with law within a period of four weeks from the date of receipt of this order implementing the recommendation of the Fitment Appellate Committee and to give all consequential benefits to the petitioner which he is entitled to.