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Jharkhand High Court · body

2016 DIGILAW 1524 (JHR)

Chunni Lal Hembram v. State of Jharkhand

2016-11-10

SHREE CHANDRASHEKHAR

body2016
ORDER : 1. Supplementary counter-affidavit dated 8.11.2016 is taken on record, copy thereof has already been supplied to the learned counsel for the petitioners. 2. Grievance of the petitioners is to non-payment of salary for the period between 12.11.2001 and 5.06.2002. Another prayer in the writ petition is for grant of increments with effect from 12.11.2001. 3. Heard. 4. Learned counsel for the petitioners, referring to order of appointment dated 20.11.2001 and order dated 20.5.2002, contends that the petitioners are entitled for regular pay-scale on completion of training, from the date of initial appointment i.e. with effect from 12.11.2001. 5. A counter-affidavit has been filed by the respondents resisting the claim of the petitioners. It is pleaded that in view of specific stipulation in order dated 20.5.2002, the petitioners can claim regular pay-scale from the date they joined training. 6. A perusal of order dated 20.5.2002 which has been issued in partial modification of the initial order of appointment dated 20.11.2001, would disclose that the petitioners were promoted to the post of Panchayat Sewak however, they were required to undergo training course and only on completion of the test they were to be confirmed on the post of Panchayat Sewak, failing which they had to revert back to the post of Dalpati. It has been specifically stipulated in order dated 20.5.2002 that only from the date of joining training the candidates who were promoted to the post of Panchayat Sewak were entitled for regular pay-scale. It is not in dispute that the petitioners have been paid regular pay-scale from 7.6.2002. The petitioners never challenged the aforesaid condition in order dated 20.05.2002. They continued to draw salary and increment in regular pay-scale from 07.06.2002 and now, after more than a decade they have raised a grievance and seek payment from 12.11.2001 in regular pay-scale. The service of the petitioners must be regulated in terms of the conditions of appointment as contained in order dated 20.5.2002. Obviously, the prayer for grant of pay in regular pay-scale for the period 20.11.2001 to 5.6.2002 cannot be granted. 7. Finding no merit in the instant writ petition, I am not inclined to interfere in the matter and accordingly, it is dismissed. Petition dismissed.