Uday Shankar, S/o Late R. D. P. Sandwar v. State of Jharkhand
2017-07-17
S.N.PATHAK
body2017
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the parties. 2. The petitioners have approached this Court for quashing the portion of the letter No. 1305/ V dated 18.04.2009 issued by the Secretary Finance Department, Government of Jharkhand, Ranchi in which it has been stated that for Instructor revised pay-scale admissible with grade pay 4200/-and in that situation the fixation of pay of Rs. 4800/-will be wrong and further request has been made to verify the same and in case, on the basis of wrong fixation, the excess amount received by them, shall be recovered in lump sum from 60% of the arrears in current financial year. 3. Learned counsel for the petitioner submits that similarly situated persons had moved before this Court vide W.P.(S) No. 2696 of 2009 and other analogous cases and a Bench of this Court had been pleased to dispose of the writ petitions with the observation that whether individual petitioners in those writ petitions do possess the necessary qualification prescribed under the Central Government guidelines or not is dependent on determination of facts upon the scrutiny of individual credentials/ service records of the petitioners before undertaking such exercise to reduce the Grade Pay of Rs. 4800/-in each individual case. The Court further held that as per the resolution dated 28.02.2009, if they possess requisite qualification as prescribed by the Central Government, then there is no reason why Grade Pay should be reduced. The Hon'ble Court further observed that when on the main legal issue, there is no dispute about the interpretation of Resolution dated 28.02.2009 in question, the concerned respondents i.e. the District Education Officer of the respective districts, where those individual petitioners were working, were directed to undertake an exercise of verification of individual service records of those petitioners in question so as to come to a finding whether they fulfilled the required recruitment qualification as prescribed under the Central Government guidelines for being entitled to the Grade Pay of Rs.4800/-. The Hon'ble Court further held that dependent upon such exercise, any consequential action would be taken. The Hon'ble Court further directed the respondents to complete the exercise within a period of 12 weeks from the date of receipt of a copy of said order. The Court further observed that the general direction issued vide letter dated 18.04.2009, by the Secretary, Finance Department would be carried out in the manner as indicated therein.
The Hon'ble Court further directed the respondents to complete the exercise within a period of 12 weeks from the date of receipt of a copy of said order. The Court further observed that the general direction issued vide letter dated 18.04.2009, by the Secretary, Finance Department would be carried out in the manner as indicated therein. The Hon'ble Court further held that the amount had wrongly been recovered and if the petitioners were found to be having requisite minimum qualification as prescribed under the Central Government guidelines, excess amount recovered in the case of individual petitioner's should be refunded thereafter. 4. Learned counsel for the petitioners submits that this writ petition may be disposed of in terms of W.P (S) No.2696 of 2009 and other analogous cases, granting similar benefits to these petitioners also. 5. Learned counsel for the respondents very fairly submits that this case is fully covered by the order passed by this Court in W.P.(S) No. 2696 of 2009 and other analogous cases and has no objection if this writ petition is disposed of in terms of the aforesaid case. 6. Considering the fair submissions of the parties, this writ petition is disposed of in terms of orders passed in W.P.(S) No. 2696 of 2009. The individual petitioners do possess the necessary recruitment qualification prescribed under the Central Government guidelines or not is dependent on determination of facts upon the scrutiny of individual credentials/ service records of the petitioners before undertaking such exercise to reduce the Grade Pay of Rs. 4800/-in each individual case. As per the resolution dated 28.02.2009, if they possess requisite qualification as prescribed by the Central Government, then there is no reason why Grade Pay should be reduced. When on the main legal issue, there is no dispute about the interpretation of Resolution dated 28.02.2009 in question, the concerned respondents i.e. the District Education Officer of the respective districts, where the individual petitioners are working, are directed to undertake an exercise for verification of individual service records of the petitioners in question so as to come to a finding whether they fulfilled the required recruitment qualification as prescribed under the Central Government guidelines for being entitled to the Grade Pay of Rs. 4800/-. Dependent upon such exercise, any consequential action would be taken. 7.
4800/-. Dependent upon such exercise, any consequential action would be taken. 7. The respondents are directed to complete the above exercise within a period of 12 weeks from the date of receipt of a copy of said order. The general direction issued vide letter dated 18.04.2009, by the Secretary, Finance Department would be carried out in the manner as indicated hereinabove. If the amount has wrongly been recovered and if the petitioners are found to be having requisite minimum qualification as prescribed under the Central Government guidelines, excess amount recovered in the case of individual petitioner's shall be refunded thereafter preferably within a period of four weeks thereafter. 8. The writ petition is accordingly disposed of in the manner discussed above.