Sachida Nand Prasad Srivastava v. State of Jharkhand
2014-01-29
APARESH KUMAR SINGH
body2014
DigiLaw.ai
ORDER Heard learned counsel for the parties. 2. The petitioner retired as a Senior Accounts Clerk on 31.03.2008 while working at Kharkai Canal Division, Swarnrekha Project, Adiyapur, Saraikela-Kharsawan. 3. According to the petitioner, he was getting the basic salary of Rs. 7,125/-since March, 2005 when he got 1st stagnated pay allowance/increment of Rs. 125 in his revised scale of Rs. 4500-7000/-as per the letter no. 348 dated 30.05.2005 issued by the respondent no. 5, Executive Engineer, Kharkai Canal Division, Swarnrekha Project, Adiyapur, Saraikela-Kharsawan Annexure-1. 4. The petitioner, being aggrieved by communication dated 07.05.2008 issued by the respondent no. 5, Executive Engineer, Kharkai Canal Division, Swarnrekha Project, Adiyapur, Saraikela-Kharsawan re-fixing his pay scale, approached this Court in W.P.(S) No. 6536 of 2012 in which the petitioner made a prayer for re-fixing of his pay scale w.e.f. 01.01.2006 as per the 6th Pay Commission's Recommendation and to grant the benefit of 1st and 2nd ACP with further direction to pay the arrears of salary and pension to the petitioner. The writ petition was disposed of by directing the petitioner to prefer a detailed representation before the respondent no. 2, the Commissioner-cum-Secretary, Water Resources Department, Ranchi, who, in turn, was directed to take an appropriate decision in the matter and if any amount was found due, it was directed that the same should be paid within a period of 30 days and it would also carry interest. Thereafter reasoned order was passed by the Principal Secretary, Water Resources Department, Ranchi, which is at Annexure-9 dated 15.03.2013 under which increments granted to the petitioner w.e.f. 01.01.1996 have been cancelled. It has been further directed in the said order that after computation of the revised pay scale of the petitioner under the 6th Pay Revision, admissible benefit of revised pension, leave encashment and gratuity amount should be paid to him. The interest claimed by the petitioner has been denied by the respondents. The petitioner is aggrieved by part of the order by which increments made in his favour w.e.f. 01.01.1996 have been cancelled. The reasoned order has been passed by referring to the Finance Department Resolution dated 14.08.2002 under which ACP can be granted upon passing of the departmental exam and under other Rules upon fulfilling other prescribed criteria. He has also referred to the Finance Department Resolution No. 660 dated 08.02.1999 under which as per para-36 thereof scale of Rs.
The reasoned order has been passed by referring to the Finance Department Resolution dated 14.08.2002 under which ACP can be granted upon passing of the departmental exam and under other Rules upon fulfilling other prescribed criteria. He has also referred to the Finance Department Resolution No. 660 dated 08.02.1999 under which as per para-36 thereof scale of Rs. 4500-7000/-is fixed for Accounts Clerk while scale of Rs. 4000-6000/-is prescribed for Junior Accounts Clerk. The Junior Accounts Clerk is required to pass the Accounts Exam for availing any increments in pay/financial up-gradation or promotion. As per Annexure-9 passed by the respondent no. 2 the Principal Secretary, Water Resources Department, Ranchi, the petitioner did not pass the departmental accounts exam and therefore, he was not entitled for any financial up-gradation. It also held that the petitioner was entitled to the scale of Rs. 4500-7000/-w.e.f. 01.01.1996, but since he has not passed the accounts exam, ACP would not be payable to him. In the aforesaid background and reasons, however, the increments paid to the petitioner w.e.f. 01.01.1996 have been cancelled. The petitioner has referred Annexure-1 order dated 30.05.2005 issued by the respondent no. 5, Executive Engineer, Kharkai Canal Division, Swarnrekha Project, Adiyapur, Saraikela-Kharsawan under which revised scale of the petitioner was fixed at Rs. 4500-7000/-and he was also allowed stagnation allowance/increment which led to payment of basic pay of Rs. 7125/-per month to the petitioner which he has availed till his retirement. 5. In order to justify cancellation of increments, learned counsel for the respondent-State referred to para-36 of schedule-3 of the resolution dated 28.02.1999. Perusal of para-36 indicates that the Junior Accounts Clerk is required to pass the departmental exam in order to avail the financial up-gradation/promotion. It, therefore, appears that in absence of passing of departmental accounts exam, the petitioner could not be allowed the benefit of ACP as claimed by him, which has rightly been denied. As per the respondents, the petitioner was rightly placed in the Scale of Rs. 4500-7000/-. By the order issued by the Controlling Authority of the petitioner i.e. Executive Engineer, Kharkai Canal Division, Swarnrekha Project, Adiyapur, Saraikela-Kharsawan vide Annexure-2, he was also granted increments in the revised scale till his retirement on 31.03.2008. The respondent no. 2 the Principal Secretary, Water Resources Department, Ranchi has chosen to cancel the increments already availed by the petitioner during his service career.
The respondent no. 2 the Principal Secretary, Water Resources Department, Ranchi has chosen to cancel the increments already availed by the petitioner during his service career. The petitioner can not be apparently faulted for grant of such increments on the conscious decision of the Controlling Authority of the petitioner by issuance of a proper order. 6. In such circumstances, the part of the impugned order, which has cancelled the increments granted to the petitioner w.e.f. 01.01.1996 can not be sustained in the eyes of law and it is quashed. The respondents admitted that the petitioner would be entitled to the revised scale on implementation of the 6th Pay Revision and such onward revision in his post retirement benefit. In the affidavit of the respondent-Accountant General, it has been stated that the revised pensionary benefit has been issued by the authority, vide letter dated 14.08.2013. However, benefit of 1st ACP and 2nd ACP have not been authorized as these are not admissible to the petitioner. 7. In the aforesaid circumstances, benefits of revised pension have already been sanctioned and authority slip has been issued by the Accountant General in favour of the petitioner. Therefore, the grievances of the petitioner so far as payment of revised pension calculated under 6th Pay Revision is concerned appears to have been redressed. 8. Upon cancellation of the increments earlier granted to the petitioner, by the impugned order dated 15.03.2013, Annexure-9, if any amount has been recovered, the same would be refunded to the petitioner within a period of eight weeks from the date of receipt of a copy of the order. 9. In such circumstances, the writ petition is allowed in the aforesaid manner.