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Jharkhand High Court · body

2016 DIGILAW 995 (JHR)

Anand v. State of Jharkhand through the Secretary, Information and Public Relation Department

2016-06-29

H.C.MISHRA

body2016
ORDER : Heard learned counsel for the petitioners and learned counsel for the Respondents. 2. The petitioners have filed this writ application with a prayer for quashing the order contained in Annexure-15 to the writ application, bearing Memo No.2652/Vi, dated 24.7.2014, passed by the Secretary, Finance Department, Government of Jharkhand, whereby the claim of the petitioners for giving them the benefit of enhanced pay scale has been rejected. The petitioners have also prayed for a direction upon the respondent authorities to give them the benefit of the enhanced pay scale pursuant to the decision of the State Government in Resolution dated 17.12.2007 as contained in Annexure–4 to the writ application, whereby the benefit of the pay scale of Rs.8,000-13,500/-was given to the officers of the State Services, notionally with effect from 15.11.2000 and actual benefits with effect from 1.3.2007. 3. The petitioners are the Members of the Jharkhand Information Service and now they are governed by Jharkhand Information Service Recruitment Rules, 2007, framed by the State Government, which has been brought on record as Annexure–3 to the writ application. Rule 3 of the said Rules speaks about the formation of the Jharkhand Information Service and it states that it shall be deemed to be the State Service. Rule 5 of the said Rules clearly states that the Officers belonging to the Jharkhand Information Service, shall be the Gazetted Officers. 4. According to the petitioners case, they were initially appointed in the pay scale of Rs.2,200 to 4,000/- (unrevised). Subsequently, the pay scale was enhanced to Rs.6,500-10,500/- with effect from 1.6.1996. It is the case of the petitioners that the Officers of the State Government, in the pay scale of Rs.6,500-10,500/- were placed in the pay scale of Rs.8,000-13,500/- by the State Government, leaving behind the officers of the Jharkhand Information Service. It is further stated that in the 6th Pay Revision, other similarly situated officers in other services belonging to the State Government, were given the grade pay of Rs.5,400/-, whereas the officers of the Jharkhand Information Service were given the grade pay of Rs.4,800/-only. 5. Aggrieved by this anomaly in their pay scale, the petitioners filed a writ application in this Court, which was WP(S) No.7010 of 2012. 5. Aggrieved by this anomaly in their pay scale, the petitioners filed a writ application in this Court, which was WP(S) No.7010 of 2012. The said writ petition was disposed of by order dated 12.8.2013, as contained in Annexure-11 to this writ application, asking the petitioners to approach the Principal Secretary, Department of Finance, Ranchi, by way of common representation together with all supporting facts and documents and the Principal Secretary, Finance Department, was directed to consider the case of the petitioners in accordance with law. 6. Pursuant to the said direction, the decision has since been taken by the Secretary, Finance Department as contained in Annexure–15 to the writ application, vide Order No.2652/Vi, dated 24.7.2014, whereby, after discussing the case of the petitioners, the findings have been recorded by the Finance Secretary, inter alia, as follows:- (i) During the pay revisions in the years 1981, 1986 and 1996, the pay scales of the Officers belonging to the Jharkhand Information Service were at par with officers belonging to the State Administrative Service. (ii) The officers of the State Information Service also, were fulfilling all the conditions of the resolution No.3589/Vi, dated 17.12.2007 of the State Government (Annexure-4), still they were given the lower grade pay in the 6th pay revision, in as much as, whereas the officers of the State Administrative Service were placed in the grade pay of Rs.5,400/- in Pay Band-II, the officers of the Jharkhand Information Service were placed in the grade pay of Rs.4,800/- only, in the same PB-II, and this was done on the recommendation of the Fitment Committee constituted under the Chairmanship of the Ex Accountant General of Jharkhand. (iii) The first ladder of the promotion of the officers belonging to the State Information Service, is to the post of Deputy Director, in the pay scale of Rs.10,000-15,200/- (unrevised). (iv) The officers of the Jharkhand Information Service are also appointed in the same manner by the Jharkhand State Public Service Commission, as the officers of the Jharkhand Administrative Service and other State Services are appointed. (iv) The officers of the Jharkhand Information Service are also appointed in the same manner by the Jharkhand State Public Service Commission, as the officers of the Jharkhand Administrative Service and other State Services are appointed. It is further stated in the said order that the officers belonging to other services, were granted grade pay of Rs.5,400/- due to the fact that those services were treated as State Services and that was the reason for enhancement of their pay at the time of 5th pay revision, the details whereof as follows:- (A) By Resolution No.3589/Vi, dated 17.12.2007 of the State Government (Annexure-4), the officers of the basic grade in State Services were allowed the enhanced pay scale of Rs.8,000-13,500/-, at the place of pay scale of Rs.6,500-10,500/-, upon fulfilling the following conditions:- (i) Prior to 1.1.1996, the pay scale of the basic grade was Rs.2,200-4,000/- (ii) With effect from 1.1.1996 they were allowed the pay scale of Rs.6,500-10,500/-. (iii) The first ladder of promotion should be in the pay scale of Rs.10,000-15,200/- or in higher pay scales. (iv) They should be the officers basic grade of State Services. (B) The main basis of allowing the enhancement from the pay scale of Rs.6,500-10,500/- to the pay scale of Rs.8,000-13,500/-was the list of the State Services issued by the Department of Personnel, Administrative Reforms and Rajbhasha. The list has been detailed in the order, which shows that Jharkhand Information Service was not included in the list. (C) Since Jharkhand Information Service is not mentioned in the list of the State Services issued by the Department of Personnel, Administrative Reforms and Rajbhasha, the pay scale of Rs.8,000-13,500/- is not admissible to the officers of this service. Finally it is stated in the order, that Jharkhand Information Service has not been declared by the State Government as 'State Service', due to which the pay scale of Rs.8,000-13,500/- was not given at the time of implementation of 5 th PRC. Accordingly, in the 6th PRC also, the grade pay of Rs.5,400/-was also not allowed and the grade pay of Rs.4,800/-only was allowed by the Fitment Committee. It is stated in the said order that since this was done upon recommendation of the Fitment Committee, the petitioners may move before the Fitment Appellate Forum. It is this Order, which has been challenged by these petitioners in this writ application. 7. It is stated in the said order that since this was done upon recommendation of the Fitment Committee, the petitioners may move before the Fitment Appellate Forum. It is this Order, which has been challenged by these petitioners in this writ application. 7. Learned counsel for the petitioners has submitted that the impugned order passed by the Finance Secretary is absolutely illegal and gives no reason as to why even though the officers of the Jharkhand Information Service were at par with the officers belonging to the State Administrative Service or the other State Services, the same benefit of enhancement of pay scale was denied to the petitioners. The only reason that has been mentioned in the impugned order dated 24.7.2014, is that Jharkhand Information Service is not included in the list of State Services issued by the Department of Personnel, Administrative Reforms and Rajbhasha. It is submitted that there is no reason as to why Jharkhand Information Service be also not included in the said list. Learned counsel has drawn the attention of this Court towards Rule 3 to the Jharkhand Information Service Recruitment Rules, 2007, which speaks about the formation of the Jharkhand Information Service, stating that it shall be treated as State Service. It has also been pointed out from the said Rules that Rule 5 clearly states that the officers belonging to the Jharkhand Information Service shall be the Gazetted Officers. It is also, pointed out that Rule 18 of the Bihar Service Code/Jharkhand Service Code clearly states that the Gazetted Government Servant means the member of any of the State Services, and any other Government servant holding the post which may be specifically declared by the State Government to be a Gazetted Post. Learned counsel has accordingly, submitted that the sole ground taken in the impugned order rejecting the claim of the petitioners that Jharkhand Information Service is not included in the list of State Services, has no legs to stand. 8. Learned counsel for the petitioner has further drawn the attention of the Court towards the decision of the State Government vide Resolution No.3589/Vi, dated 17.12.2007, which has been brought on record as Annexure–4 to the writ application, enhancing the pay scale of the officers belonging to the State Services. 8. Learned counsel for the petitioner has further drawn the attention of the Court towards the decision of the State Government vide Resolution No.3589/Vi, dated 17.12.2007, which has been brought on record as Annexure–4 to the writ application, enhancing the pay scale of the officers belonging to the State Services. The said decision was taken by the State Government in view of the fact that the Central Government had enhanced the pay scale of Secretariat Assistants/Personal Assistants, which was made applicable to the Secretariat Assistants/Personal Assistants of the Jharkhand Government also. The pay anomaly had arisen in view of the fact that that Secretariat Assistants/Personal Assistants were given the pay scale of Rs.6,500-10,500/-, which was the pay scale of the Gazetted Officers. The State Government taking into consideration this anomaly, has enhanced the pay scale of the officers of the State Service, who were allowed the pay scale of Rs.6,500-10,500/- by the Fitments Committee, and whose first ladder of promotion was in the pay scale of Rs.10,000-15,200/- or in higher pay scales, to the pay scale of Rs.8,000-13,500/-, giving the notional benefit with effect from 15.11.200, and the actual benefit with effect from 1.3.2007. It is this benefit which the petitioners also claim on the ground that they are also fulfilling the conditions laid down in this resolution, but the same has been denied by the impugned order as contained in Annexure-15 on the sole ground that their services were not included in the list of State services issued by the Department of Personnel, Administrative Reforms and Rajbhasha. Learned counsel accordingly, submitted that the anomaly created by the State Government, particularly after the impugned order passed by the Secretary, Finance Department, is absolutely illegal and violative the Articles 14 and 16 of the Constitution of India, in as much as, it is clearly stated in the impugned order that the officers belonging to Jharkhand Information Service are also appointed in the same manner by the Jharkhand State Public Service Commission, as the officers of the Jharkhand Administrative Service and other State Services are appointed, and revised pay scales of the petitioners and the officers of the State Administrative Service in the pay revisions of 1981, 1986 and 1996 were also the same. It has also been found that the officers of Jharkhand Information Service were also fulfilling all the criteria for enhancement of the pay scale as decided by the State Government vide Resolution dated 17.12.2007 contained in Annexure–4 to the writ application. It is submitted that there is no reason as to why the Jharkhand Information Service was left out and was not included in the said list of State services issued by the Department of Personnel, Administrative Reforms and Rajbhasha. Learned counsel accordingly, submitted that the order passed by the State Government cannot be sustained in the eyes of law and petitioners being the Officers of the Jharkhand Information Service are also entitled to the same benefit of the enhancement of their pay scale to Rs.8,000-13,500/-as was given to the officers of the other State Services by Resolution dated 17.12.2007 as contained in Annexure–4 to the writ application, giving the notional benefit from 15.11.2000 and actual benefits with effect from 1.3.2007. It is also submitted that accordingly, the petitioners shall also be entitled for the fixation of their salary in grade pay of Rs.5,400/- in PB-II upon implementation of the 6th PRC. 9. Learned counsel for the State on the other hand has opposed the prayer and has submitted that the benefit of the enhancement of the pay scale could not be given to the petitioners for the reason that the petitioners are not the officers belonging to State Services as mentioned in the list of the State Services issued by the Department of Personnel, Administrative Reforms and Rajbhasha, which is the reason mentioned in the impugned order dated 24.7.2014 as contained in Annexure–15 to the writ application. It is submitted that the said order is a reasoned order passed by the Finance Secretary to the Government of Jharkhand after the direction of this Court, and there is no illegality in the same. It is submitted that the said order is a reasoned order passed by the Finance Secretary to the Government of Jharkhand after the direction of this Court, and there is no illegality in the same. Learned counsel for the State, however could not show any reason or rationale as to why Jharkhand Information Service was not included in the list issued by the Department of Personnel, Administrative Reforms and Rajbhasha, or for denying the benefit of the enhanced pay scale to the petitioners, even though it is admitted in the impugned order that the officers of the Jharkhand Information Service are also fulfilling all the criteria for enhancement of the pay scale, and the Jharkhand information Service Recruitment Rules, 2007, clearly prescribes that the Officers belonging to this service shall be treated as State Service and they are the Gazetted Officers. 10. Having heard learned counsels for both the sides and upon going through the record, I find that practically there is no cogent reason or rationale behind denial of the enhancing the pay scale of the officers belonging to Jharkhand Information Service, even though the impugned order, that has been passed by the Finance Secretary to the Government of Jharkhand, clearly states that the officers of the State Information Service are also fulfilling all the conditions of the resolution No.3589/Vi, dated 17.12.2007 of the State Government (Annexure-4), for enhancement of the pay scale, as given by the said resolution to the officers of the State Services. The only reason for denying the benefit of the enhancement of the pay scale, that the Jharkhand State Information Service has not been included in the list of State Services issued by the Department of Personnel, Administrative Reforms and Rajbhasha, as mentioned in the said order, cannot be the ground for denying the enhancement of pay scale to the petitioners belonging to the Jharkhand Information Service, particularly when according to the Finance Secretary also, the officers of the Jharkhand Information Service fulfill all the criteria for enhancement of the pay scale, and the officers of the Jharkhand Information Service are also appointed in the same manner by the Jharkhand State Public Service Commission, as the officers of the Jharkhand Administrative Service and other State Services are appointed, and Jharkhand information Service Recruitment Rules, 2007, prescribes that the Officers belonging to this service shall be treated as State Service and they are the Gazetted Officers. 11. In view of the discussions as above, the pay anomaly created by the respondent State in the pay scales of the officers belonging to Jharkhand Information Service, vis-a-vis, the officers of the Jharkhand Administrative Service and other State Services, is absolutely illegal and arbitrary, thus, denying the petitioners and the other similarly situated officers of the Jharkhand Administrative Service, the equality before law and equal opportunity in the matter of public employment, with the similarly situated officers of the other State services, and the same is violative of Articles 14 and 16 of the constitution of India. The right to get appropriate wages and salary, includes the right to life, and accordingly, the impugned order is also violative of Article 21 of the Constitution of India. 12. In view of the aforementioned discussions, the impugned order contained in Annexure-15 to this writ application, bearing Memo No.2652/Vi, dated 24.7.2014 passed by the Secretary, Finance Department, Government of Jharkhand, is hereby, quashed. The respondent authorities are directed to give the benefit of the enhanced pay scale to the officers of the State Information Service as well, in accordance with the decision of the State Government in Resolution dated 17.12.2007 as contained in Annexure–4 to the writ application, whereby the benefit of the pay scale of Rs.8,000-13,500/-was given to the officers of the State Services, notionally with effect from 15.11.2000 and actual benefits with effect from 1.3.2007, with all consequential benefits with retrospective effect from the same dates. Accordingly, the officers of the State Information Service shall also be entitled for fixation of their salary to the grade pay of Rs.5,400/- in PB-II upon implementation of 6th PRC, with retrospective effect with all consequential benefits. The respondent authorities are directed to implement the order positively within the period of three months from the communication of this order. 13. This writ application is accordingly, allowed with the directions as above.