Ksh. Ranjit Singh, S/o (Late) Ksh. Jugeshor Singh v. State of Manipur represented by the Commissioner/Secretary (Finance), Govt. of Manipur
2016-06-21
R.R.PRASAD
body2016
DigiLaw.ai
JUDGMENT AND ORDER : As per the case of the petitioner, under the Recruitment Rule, two feeder posts are there for promotion to the post of Senior Accountant, one from the feeder post Head Clerk/Accountant and other one from UDC. The pay scale prescribed for the post of Senior Accountant promoted from the post of Head Clerk/Accountant is Rs.5,000/- to 8,000/- p.m. whereas in case of Senior Accountant promoted from the post of UDC etc, it is Rs.4,500/- to 7,000/- p.m. Since both the Senior Accountants whether promoted from the feeder post of Head Clerk/Accountant or Feeder post of UDC etc were discharging same duties but were getting salary in different pay scale, some of the persons who were promoted to the post of Senior Accountant from the channel of UDC filed a writ application bearing WP(C) No.1099 of 2000. 2. After hearing the parties, this Court did find that there has been discrepancies in between the pay scales of the petitioners promoted to the post of Senior Accountant and persons who were promoted to Senior Accountant from the post of Head Clerk/Accountant, as in one case, pay scale of Senior Accountant had been fixed in the scale of Rs.5,000/- to Rs.8,000/- p.m. whereas the scale of the petitioners of that writ application had been fixed in the scale of Rs.4,500/- to 7,000/p.m. and, therefore, the Court disapproved the said pay scale of Rs.4,500/- to 7,000/-. Pursuant to the order passed by this Court, decision was taken to the effect that there would be a single time scale of pay of Rs.4,500/- to 7,000/- p.m. for the post of Senior Accountant under different departments of the State Government of Manipur subject to protection of pay scale of Rs.5,000/- to 8,000/- to the existing incumbents enjoying the same till they ceased to hold the post or till the next revision of pay scale takes place, whichever is earlier.
Subsequently, pay scale was revised whereby pay scale of Senior Accountant has been fixed at Rs.4,500/- to 7,000/- p.m. Under, the present revision it has been fixed in the scale of Rs.5,200/- to Rs.20,200/- and the scale of Accountant (promoted from UDC) whose pay earlier was in the scale of Rs.4,500/- to 7,000/- has been revised also to scale of Rs.5,200/- to 20,200/- and, thereby, scale of UDC promoted to the post of Accountant and also Head Clerk or Accountant promoted to the post of Senior Accountant have been kept in the same scale of Rs.5,200/- to 20,200/- p.m. and thereby, there does not appear to be any discrimination in the pay scale. 3. However, Mr. Mohendro, learned counsel for the petitioner submits that the said revision has never been made in consonance with the order passed by this Hon’ble Court and, therefore, the revised pay scale fixed is fit to be quashed and pay scale be directed to be fixed in terms of the order passed by the Hon’ble Court. 4. Having heard, learned counsel for the parties and on perusal of the record including the order passed by this Court, it does appear that this Court having found the element of discrimination in the pay scale of the person promoted from UDC to Senior Accountant vis-à-vis pay scale of the person promoted from Head Clerk/Accountant to Senior Accountant quashed the pay scale fixed at Rs.4,500/- to 7,000/-. No direction was there about the quantum on which pay scale had to be fixed. However, authority came with the revision of pay scale whereby pay scale of Head Clerk/Accountant or UDC promoted to the post of Senior Accountant/Accountant is the same, i.e. in the scale of Rs.5,200/- to 20,200/- and, therefore, I do not find any illegality in the revised pay scales. Accordingly, this application, being devoid of any merit, is hereby dismissed.