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Jharkhand High Court · body

2011 DIGILAW 1102 (JHR)

Sanjay Kumar Upadhyay v. State of Jharkhand

2011-12-14

PRASHANT KUMAR

body2011
ORDER This application has been filed for issuance of a direction commanding the respondents to rectify the anomalies in the pay scale of the petitioner and also for a direction to pay him arrears on removal of said anomalies. 2. It is stated that Bihar State Subordinate Services Selection Council made an advertisement for appointment on Graduate Level Non-gazetted Class-III posts in the scale of Rs. 850-1360/-. It further appears that in pursuance of said advertisement, petitioner appeared in the Examination and was declared successful. Thereafter, vide Annexure-2, he was appointed on the post of Industries Extension Officer in the pay scale of Rs. 1400-2600/-. It is further stated that besides Industries Extension Officer, other successful candidates were appointed as Junior Statistical Supervisor, Assistant Consolidation Officer, Circle Inspector, Supply Inspector, Labour Inspector, Gram Panchayat Supervisor, Assistant Savings Officer, Cooperative Extension Officer, Revenue Circle Officer, Block Welfare Officer, Senior Audit Officer, Senior Audit Officer, Senior Statistical Assistant, Statistical Assistant, Investigator, Senior auditor Grade-II and Graduate Assistant. 3. It then appears that after implementation of report of 4th Pay Commission, a pay anomaly Committee constituted and dispute regarding the fixation of pay of appointees, selected through Combined Selection Examination conducted by Bihar State Subordinate Services Selection Council, was referred to the said pay anomaly Committee. It then appears that pay anomaly Committee, after considering the entire case, came to the conclusion that the appointees of aforesaid Combined Selection Test are entitled to pay in the scale of Rs. 1600-2780/-. 4. It appears that when aforesaid scale, as recommended by pay anomaly Committee, was not given to Industries Extension Officer, two persons namely Alak Kumar Sinha and Rajesh Kumar filed writ application in the Patna High Court vide C.W.J.C. No. 12301 of 2004, which was disposed of by order dated 09.03.2007 (Annexure-7). The aforesaid order reveals that Patna High Court, after considering a Division Bench judgment of that Court, delivered in Nagendra Sahani & Others Vs. State of Bihar & Others (Annexure-8), concluded that the Industries Extension Officer are also entitled to get the pay scale of Rs. 1600-2780/-w.e.f. 01.01.1986 and/or from the date of their appointment. It is needless to say that Rajesh Kumar was also appointed along with petitioner by Annexure-2, as his name appears at Sl. No. 56 of the Notification. 5. State of Bihar & Others (Annexure-8), concluded that the Industries Extension Officer are also entitled to get the pay scale of Rs. 1600-2780/-w.e.f. 01.01.1986 and/or from the date of their appointment. It is needless to say that Rajesh Kumar was also appointed along with petitioner by Annexure-2, as his name appears at Sl. No. 56 of the Notification. 5. Under the said circumstance, I find that the case of petitioner is similar to aforesaid Alak Kumar Sinha and Rajesh Kumar, petitioners of C.W.J.C. No. 12301 of 2004. 6. Considering the aforesaid facts and circumstances, I am of the view that the recommendation of pay anomaly Committee is equally applicable in the case of petitioner therefore, petitioner is also entitled to get pay in the scale of Rs. 1600-2780/-with effect from the date of his appointment. I further find that the petitioner is also entitled to get consequential benefits i.e. arrears of salary with all other benefits from the date of his appointment. 7. Accordingly, I allow this writ application and direct the respondents to revise the pay scale of petitioner from the date of his appointment in the pay scale of Rs. 1600-2780/-. The respondents are also directed to give arrears and other consequential benefits to the petitioner in accordance with law.