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Jharkhand High Court · body

2017 DIGILAW 107 (JHR)

Shashi Bhushan Jha, Son of Late Nand Deo Jha v. State of Jharkhand through the Chief Secretary

2017-01-13

SHREE CHANDRASHEKHAR

body2017
ORDER : Aggrieved by order dated 21.01.2014, the petitioner has approached this Court. 2. Heard. 3. Mr. Ajay Kumar Pathak, the learned counsel for the petitioner referring to the anomaly in benefits granted to the petitioner on account of grant of ACP, submits that the petitioner who was previously working in the grade pay of Rs. 4600/- now has been relegated to a lower grade pay. 4. Per contra, the learned State counsel submits that all the employees, pursuant to Resolution dated 28.02.2009, were given option either to opt for pay in the existing scale until the date he earns the pay in the next or subsequent increment in the existing scale, that is, in unrevised pay-scale or revised pay-scale of Secretariat Assistants w.e.f. 15.10.2007. The petitioner, who opted for the existing pay-scale has been placed in the correct grade pay and on that count he cannot raise an grievance, if now he has been placed in lower grade pay. 5. The petitioner has pleaded that he was appointed on 07.05.1985 as Bill Clerk and he became entitled for grant of ACP benefits in terms of Resolution dated 14.08.2002. Vide Resolution dated 15.10.2007, Bill Clerks were granted 1st and 2nd ACP in the pay-scale of Secretariat Assistants and Section Officers. The petitioner thus became entitled for pay-scale of Rs. 4,5007,000/- w.e.f. 09.08.1999, grade pay of Rs. 2,800/- on account of 6th Pay-revision and he was placed in grade pay of Rs. 4200/- on completion of 20 years of service. It is pleaded that it was provided in Resolution dated 28.02.2009 that where a government servant has been placed in a high pay-scale between 01.01.2006 to 28.02.2009, on account of promotion/upgradation in pay-scale the government servant may elect to switch over to revised pay structure from the date of promotion/upgradation or to get his/her pay fixed w.e.f. 01.01.2006. It is pleaded that those employees who opted for grant of benefit from the date of promotion and thus, were placed in grade pay of Rs. 4,600/- are not entitled for arrears of salary on account of revision in pay-scale for the period between 01.01.2006 to 14.10.2007. The Typist/Bill Clerk/Routine Clerks like the petitioner who availed ACP benefits and who seek benefit of revised pay-scale of Secretariat Assistant w.e.f. 01.01.2006 remained in their existing pay-scale i.e. Rs. 4,5007,000/-, obviously cannot be granted both the benefits. 6. 4,600/- are not entitled for arrears of salary on account of revision in pay-scale for the period between 01.01.2006 to 14.10.2007. The Typist/Bill Clerk/Routine Clerks like the petitioner who availed ACP benefits and who seek benefit of revised pay-scale of Secretariat Assistant w.e.f. 01.01.2006 remained in their existing pay-scale i.e. Rs. 4,5007,000/-, obviously cannot be granted both the benefits. 6. In the aforesaid view of the matter, I find no infirmity in the order dated 21.01.2014 and accordingly, the writ petition is dismissed.