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Jharkhand High Court · body

2015 DIGILAW 100 (JHR)

Mary Anna Toppo v. State of Jharkhand

2015-01-23

SUJIT NARAYAN PRASAD

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By Court - 1. The petitioners have approached this Court for direction upon the respondents to consider the case of the petitioners for grant of benefits of first Assured Career Progression (ACP) Scheme w.e.f. 9.8.1999 in the pay scale of Rs.6500-10500/-i.e. the pay scale of Assistant Settlement Officer. 2. The grievance of the petitioners is that all the petitioners have been appointed as Circle Inspector-cum-Kanoongo on respective dates as per details given in paragraph-7 of the writ petition except the petitioner no.10 was initially appointed as Revenue Karmachari, but later on promoted on the post of Circle Inspector. It has been submitted that they are entitled to get first upgradation under ACP scheme after completion of 12 years in the pay scale of Rs.6500-10500/-which is the pay scale of Assistant Settlement Officer. The submission has been made on behalf of the petitioners that they are entitled to get the first upgradation after completion of 12 years of service in the pay scale of Rs.6500-10500/-on the ground that the next hierarchy of promotion on the post of Circle Inspector -cum-Kanoongo is the post of Assistant Settlement Officer having pay scale of Rs.6500-10500/-. 3. During pendency of the writ petition, the respondents, however, have granted benefit of upgradation vide order dated 26.11.2008 (Annexure-D to the affidavit filed on behalf of the respondent-State) by which the petitioners have been granted pay scale of Rs. 5500-175-9000/-on the basis of the pay scale prescribed under Schedule-1 of the Circular as contained in memo no.5207 dated 14.8.2002. 4. The contention of the learned counsel appearing on behalf of the petitioners is that although the first upgradation has been given in the pay scale of Rs.5500-9000/-but actually they are entitled to get the pay scale of Rs. 6500-10500/- and the benefit has been given of the next pay scale as per Schedule-I of the Circular dated 14.8.2002. 5. The further contention has been made on behalf of the petitioners that the petitioners have relied on the decision of the Government of Bihar, Department of Revenue and Land Reforms, as contained in Circular dated 24.9.1996, wherein it has been stated that 100% posts of Assistant Settlement Officer (Revenue) will be filled up from the cadre of Circle Inspector-cum-Kanoongo. Further it has been submitted that the State of Bihar has granted pay scale of Rs. Further it has been submitted that the State of Bihar has granted pay scale of Rs. 6500-10500/-on the basis of the said decision contained in the Gazette notification dated 24th September, 1996. 6. Thus, the submission has been made that there is already hierarchy of posts and respondents are duty bound to release the 1st upgradation in the pay scale of Rs.6500-10500/-. It has further been submitted that Schedule-I as contained in Circular dated 14.8.2002 can only be said to be applicable where there is no hierarchy of posts. 7. Further submission has been made that since there is hierarchy of Assistant Settlement Officer over the post of Circle Inspector-cum-Kanoongo and, as such, the petitioners are entitled to get 1st upgradation in the pay scale of Rs.6500-10500/-. 8. Further submission has been made that State of Jharkhand has also followed the decision of the Government of Bihar as contained in notification dated 24th September, 1996 and on the basis of the said decision a circular has been issued on 15.6.2007 by the Revenue and Land Reforms Department, wherein it has been decided that the employee holding the post of Circle Inspector-cum-Kanoongo will be entitled to get the benefits of 1st and 2nd upgradation after completion of 12/24 years of service on the post of Assistant Settlement Officer having pay scale of Rs.6500-10500/-and on the post of Deputy Collector Land Reforms / District Land Acquisition Officer having pay scale of Rs.10000-15200/-. 9. The further submission has been made that the Department of Revenue and Land Reforms, Government of Jharkhand has already issued notification dated 2.4.2008 granting promotion to the Circle Inspectors-cum-Kanoongo to the post of Assistant Settlement Officer in the pay scale of Rs.6500-10500/-. 10. Thus, submission has been made by learned counsel for the petitioners that since the State of Jharkhand has already taken a decision and also granted promotion from the post of Circle Inspectors-cum-Kanoongo to the post of Assistant Settlement Officer and as all the petitioners have not been granted any regular promotion even after completion of 12 years of service, hence, by virtue of resolution dated 14.8.2002 contained in memo no.5207 all the petitioners are entitled to be given the pay scale of Rs.6500-10500/-which is the pay scale of Assistant Settlement Officer, the next hierarchy of the post of Circle Inspector-cum-Kanoongo. 11. 11. Learned counsel for the State has filed a counter affidavit in which the statement has been made that the post of Circle Inspector-cum-Kanoongo is altogether a different cadre than the cadre of Assistant Settlement Officer and, as such, the claim of the petitioners have been considered and they have been granted 1st upgradation after completion of 12 years of service in the pay scale of Rs.5500-9000/-. 12. Further submission has been made on behalf of the respondents that in pursuance of circular dated 14.8.2002 in absence of any recruitment rules, the petitioners have been granted first upgradation in the pay scale of Rs. 5500-9000/-as per the pay scale prescribed in Schedule-I of the circular dated 14.8.2002. 13. Heard the parties and perused the documents on record. 14. However, the respondent-State has stated in counter affidavit that the cadre of the Circle Inspector-cum-Kanoongo and Assistant Settlement Officer is quite different, but learned counsel for the respondents has failed to satisfy that if both the cadres are different, then how the notification dated 2.4.2008 has been issued granting promotion to the employees holding the post of Circle Inspector-cum-Kanoongo, as would be evident from Annexure-7 annexed to the reply filed by the petitioner. Further, the notification dated 24th September, 1996 has also been issued by the Government of Bihar wherein a decision has been taken to fill-up all the posts of Assistant Settlement Officer from the post of Circle Inspector-cum-Kanoongo. 15. The respondents have also not clarified the decision regarding resolution dated 15.6.2007 issued by the Revenue and Land Reforms Department, Government of Jharkhand by which decision was taken that an employee holding post of Circle Inspector-cum-Kanoongo will be entitled to be considered for 1st and 2nd upgradation in the pay scale of Rs. 6500-10500/-of the post of Assistant Settlement Officer and in the pay scale of Rs.10000-15200/-of the post of Deputy Collector Land Reforms/District Land Acquisition Officer. On the basis of rival submission of the parties, the respondents are supposed to take a decision. 16. As such, the matter is remanded before the Secretary, Revenue and Land Reforms Department, Government of Jharkhand to take a decision after considering all the facts and circumstances of the case within a reasonable period, preferably within a period of eight weeks from the date of receipt/production of a copy of this order. 17. 16. As such, the matter is remanded before the Secretary, Revenue and Land Reforms Department, Government of Jharkhand to take a decision after considering all the facts and circumstances of the case within a reasonable period, preferably within a period of eight weeks from the date of receipt/production of a copy of this order. 17. It is needless to say that if the petitioners' case is found genuine, the consequential benefits shall be extended in favour of the petitioners and if the claim of the petitioners are disputed or denied by the respondents, the same shall be communicated to the petitioners by passing a reasoned order within the aforesaid period. 18. This writ petition is disposed of with the above directions and observations.