Research › Search › Judgment

Jharkhand High Court · body

2009 DIGILAW 1474 (JHR)

Hirday Kumar v. State of Jharkhand

2009-11-19

J.C.S.RAWAT

body2009
Order This petition is disposed of at the motion stage with consent of the parties. 2. This petition has been filed by the petitioner for seeking following relief:- For a direction to the respondents to show-cause as to how and under what circumstance the pay scale of the petitioner is not being corrected in pursuance to the Resolution dated 17.12.2007 (Annexure-3) and is not getting the scale of Rs. 8,000-13,500/- instead of Rs. 6,500-10,500/- and for a further direction to fix the pay of the petitioner in the scale of Rs 8,000-13,500/- and pay its arrears w.e.f. 1.3.2007 till date immediately and forthwith as is being paid to the similarly situated employees of the other department of the Government of Jharkhand. And for any other• relief or reliefs to which the petitioner may be found entitled. 3. 'The facts in nutshell is that the petitioner was appointed on the post of Assistant Director (Gazetted Officer, Class-II) in the pay scale of Rs. 2,200-4,000/- on the recommendation of Bihar Public Service Commission on 26.9.1998 (Annexure-2 to the writ petition) and pursuant upon the recommendation, he was appointed by the Government. The petitioner has further stated that 5th Pay Scale Revision was implemented on 1.1.1996 and after implementation of the 5th Pay Revision, the pay scale of the petitioner alongwith other similarly situated employees of Class-II was revised from Rs. 2,200-4,000/- to Rs.6,500-10,500/-. Thereafter some anomaly arose regarding the pay' fixation of such officers and that anomaly was resolved by the Government vide resolution dated 17.12.2007 holding that the officers' who were appointed in the pay scale of Rs. 2,200 to 4,000/- (unrevised) and later on it was revised pursuant to the pay revision of the 5th Pay Commission to Rs. 6,500-10,500/- and if their next promotional pay scale was Rs. 10,000 to 15,200/- then their pay scale was upgraded to Rs. 8,000 to 13,500/-. The other such similarly situated officers except in the case of the petitioner, the pay scales were revised in the State of Jharkhand pursuant to the said resolution but the pay scale of the petitioner was not revised from Rs. 6,500-10,500/- to Rs. 8,000-13,500/- and though this case of the petitioner was fully covered by Clause-4 of the said resolution. Hence this petition was preferred. 4. The respondents filed the counter affidavit. 6,500-10,500/- to Rs. 8,000-13,500/- and though this case of the petitioner was fully covered by Clause-4 of the said resolution. Hence this petition was preferred. 4. The respondents filed the counter affidavit. The main emphasis laid down in the counter affidavit is that the fixation of the pay scale is the subject matter of the Department of Finance. The Department vide resolution dated 17.12.2007 sanctioned the modified scale of pay to those identified post of State Cadre Service whose basic scale was Rs. 6,500-10,500/-and whose next promotional scale was Rs.10,000-15,200/-. It is further alleged that the post of Assistant Director of Planning and Development is not included in the list identified post of State. Cadre Service of the Finance Department whose next higher scale was Rs.l0,000 to 15,200/-and thus the petitioner is not entitled to get the said pay scale. 5. On perusal of Annexure-3, para-4, clearly envisages as quoted:- ATAH RAJYA SARKAR NE SAM YAK BICHAROPARANT YAH NIRNAY LIYA HAI KI FITMENT COMMITTEE KI ANUSANSA PAR BIT BIBHGIYE SANKALAP SANKHY A-660-v-(2) DINANK-8.2.1999 KE DUARA DINANK 1.1.1996 KE PARVAO SE RAJYA SEVA KE MUL KOTI KE JIN PADADHIKARIYO AVAM JINKI PRONATTI KE PRATHAM PUD SOPAN KA BETANMAN RUPYE 10,000-15,000/- YA USSE ADHIK HAI, .USE UTKARMIT KAR KENDRA SARKAR KE ANURUP 8,00013,500/- RUPYE KARNE KA'NIRNAY LIYA HAI. VETANMAN UTKARMAN KA BACHARIK LA V DINANK 15.11.2000 SE AVAM BASTAVIK LA V DINANK 1.3.2007 SE DEY HOGA. 6. On perusal of the above quoted paragraph clearly reveals that all the officers who were appointed on the pay scale of Rs. 2,200-4000/- (unrevised) and it was revised by the 5th Pay Commission as Rs. 6,500-10,500/-, pursuant to the order of Government dated 8.2.1999 and whose next promotional pay scale is Rs.10,000-15,200/-, their pay scale would' be upgraded in the pay scale of Rs. 8,000-13,500/-. Thus the Government has taken a clear decision to provide the employees who were holding a post of Gazetted Officer having a pay scale of Rs. 6,500 to 10,500/-. The only rider was that their promotional pay scale is Rs. 10,000-15,200/-. It is not provided that this resolution would be subject to the list of the officers prepared by the Finance Department. 7. The petitioner specifically alleged in para-9 of the petition that his next promotional post would be the Deputy Director having a pay scale of Rs. The only rider was that their promotional pay scale is Rs. 10,000-15,200/-. It is not provided that this resolution would be subject to the list of the officers prepared by the Finance Department. 7. The petitioner specifically alleged in para-9 of the petition that his next promotional post would be the Deputy Director having a pay scale of Rs. 10,000-15,200/- and it is also not disputed by the State in its counter affidavit. The said resolution did not contain that the officers who would be listed by Finance Department would only be entitled to get the said amount. Thus, the Government's decision was absolute and it was ministerial act of the bureaucrats to implement the decision. The petitioner is entitled as he fulfills all the requisites contained in the resolution dated 17.12.2007. It was the duty of the Finance Department or the other Department of the State Government to find out the officers and post to upgrade such post pursuant to the resolution adopted by the Government dated 17.12.2007. The case of the petitioner is completely covered by Clause-4 as such he is entitled to get the pay scale of Rs. 8,000-13,500/- and thus the petition is liable to be allowed. 8. Accordingly, this petition is allowed The respondents are directed to consider in light of the above observation to grant him the pay scale of Rs.8,000-13,500/- in accordance with the resolution passed by the Government on 17.12.2007 (Annexure-3 to the Writ Petition). 9. This petition is disposed of. No order as to cost.