JUDGMENT : S.N. Pathak, J. The petitioners have approached this Hon'ble Court with a prayer to grant the upgraded pay scale of Rs. 8,000-13,500 of the existing scale of Rs. 6,500-10,500/- to them which is next higher scale of the post on which they are working, in terms of Government Resolution issued by the Finance Department, Govt. of Jharkhand, vide Memo No. 3594 dated 18.12.2007 regarding providing benefit of Assured Career Progression. 2. The petitioners have been appointed in Subordinate Education Service by the then Government of Bihar in the year 1991 and the petitioner No. 1 is at present working on the post of Block Education Extension Officer, Sonahatu, District Ranchi. The petitioner No.2 is at present working on the post of Block Education Extension Officer, Sisai, Gumla whereas the petitioner No. 3 is at present working on the post of Block Education Extension Officer, Lapung, District-Ranchi. 3. It is specific case of the petitioners that the petitioners belong to Subordinate Education Service and their next post for promotion from Subordinate Education Service is State Education Service Grade-II and minimum qualifying period of service is 8 years and all the petitioners have completed more than 12 years of service in Subordinate Education Service and they are entitled for grant of promotion to State Education Service Class-II. This fact would be evident from Rule 41 of Bihar Education Code. The petitioners have been granted pay scale of Rs. 6,500-10,500/- as per 1st A.C.P. Scheme which is pay scale of the then State Education Service Class-II. As the pay scale of Rs. 6500-10,500/- has been upgraded to the scale of Rs. 8,000-13,500/- as per resolution issued by the Department of Finance, Government of Jharkhand vide resolution contained in Memo No. 3589 dated 17.12.2007 and hence, the petitioners are also entitled to the scale of Rs. 8,000-13,500/-. After cadre bifurcation, 64 posts of Range Education Officer are in the State of Jharkhand which has to be filled up by way of promotion from the incumbents of the Bihar Education Subordinate Education Service. 4. It has also been stated that the petitioners though their association represented before the respondent-authorities for granting pay scale of Rs. 8,000-13,500/-. After cadre bifurcation, 64 posts of Range Education Officer are in the State of Jharkhand which has to be filled up by way of promotion from the incumbents of the Bihar Education Subordinate Education Service. 4. It has also been stated that the petitioners though their association represented before the respondent-authorities for granting pay scale of Rs. 8,000-13,500/- to the petitioners and when nothing was communicated, the petitioners preferred an application under right to information vide letter No. 463 dated 26.2.2010 wherein it was informed that the prayer of the petitioners has been rejected regarding grant of pay scale of Rs. 8,000 to 13,500/- and as such this writ petition has been preferred. 5. Learned Counsel for the petitioners Mr. Delip Jerath assisted by Mr. Saurav Arun strenuously urges that action of the respondent-authorities in not granting upgraded scale of Rs. 8,000-13,500/- to the petitioners is illegal, arbitrary, void and without jurisdiction. The respondents cannot discriminate the petitioners in the matter of granting upgraded scale of Rs. 8,000-13,500/-. 6. It has been further argued that claim for grant of 1st ACP is granted in the scale of next promotion and 2nd ACP in second promotional post and as such the petitioners are entitled to get scale of Rs. 8,000 to 13,500/- which is upgraded scale of Rs. 6,500-10,500/- which is next promotional post of the petitioners. 7. Learned Counsel further submits that the upgraded pay scale of Rs. 6,500-10,500/- is Rs. 8,000-13,500/- which has been done by the resolution of the Finance Department dated 17.12.2007 and as such the petitioners are entitled for upgraded pay scale of Rs. 8,000-13,500/-. 8. Learned Counsel in order to strengthen his argument placed reliance on the order of this Court passed in W.P.(S) No. 6,250/2006 disposed of on 5.12.2006 in which a direction was given to the respondents and the respondents complied the order of the Hon'ble Court vide letter dated 5.4.2008 issued by the Secretary, Govt. of Jharkhand vide office order No. 99 passed in Contempt Case No. 248 of 2007 in view of the order of this Hon'ble Court passed earlier a direction may be given to the respondents to consider the case of the petitioners for granting upgraded pay scale taking into consideration the resolution of the Finance Department dated 17.12.2007. 9. of Jharkhand vide office order No. 99 passed in Contempt Case No. 248 of 2007 in view of the order of this Hon'ble Court passed earlier a direction may be given to the respondents to consider the case of the petitioners for granting upgraded pay scale taking into consideration the resolution of the Finance Department dated 17.12.2007. 9. It has also been submitted by the learned Counsel for the petitioner that already there is a promotional Rule annexed with the supplementary counter-affidavit filed by the petitioner at Annexure-2 page-21 and as such the petitioners are governed by the said Rule. 10. Per contra counter-affidavit has been filed. 11. Learned Counsel for the respondents Mr. Rishikesh Giri, J.C. to G.P.-II vehemently opposes the contention of the respondents and argues that petitioners are not entitled for the upgraded pay scale of Rs. 8,000-13,500/-. 12. Learned Counsel further submits that petitioners cannot be granted two promotions at the same time first promotion in the scale of Rs. 6,500-13,500/- and they cannot jump the pay scale for which they are entitled and cannot be given pay scale for which they are not entitled. They cannot be allowed two scales of Rs. 6,500-10,500/- and got the scale of Rs. 8,000-13,500/-. The petitioners have already been granted pay scale which they are entitled for as envisaged in the scheme of ACP. 13. It has been further argued that though the scale of Rs. 6,500-10,500/- which was payable to the Officers of Subordinate Education Officer has been upgraded to the scale of Rs. 8,000-13,500/- yet the said scale of Rs. 6,500-10,500/- still exist and hence petitioners have not been granted promotion to the said scale. 14. Learned Counsel for the respondents also argues that till date no Rules have been framed and as such in absence of any Rule, the petitioners are not entitled for the aforesaid pay scale as claimed. 15. Learned Counsel draws the attention of the Court towards paragraph No. 11 of the counter-affidavit dated 21.9.2010 and submits that in the Resolution No. 660 dated 8.2.1999 of the Finance Department the next above scales of pay of Rs. 5,500-9,000/-, 6,500-10,500/- and further enhancement is 7,500-12,000/- and not 8,000-13,500/- hence petitioners were given benefit of ACP in scale of Rs. 6,500-10,500/-. 16. 5,500-9,000/-, 6,500-10,500/- and further enhancement is 7,500-12,000/- and not 8,000-13,500/- hence petitioners were given benefit of ACP in scale of Rs. 6,500-10,500/-. 16. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioners needs consideration. Admittedly, the petitioners have approached this Hon'ble Court for grant of upgraded pay scale of Rs. 6,500-10,500/- which is Rs. 8,000-13,500/-. The petitioners have already received the benefit of Rs. 6,500-10,500/- and the same has been upgraded in scale of Rs. 8,000-13,500/- vide resolution of the Finance Department dated 17.12.2007. The petitioners have not demanded for the benefit of ACP. As already the scale of Rs. 6,500-10,500/- have been upgraded in the scale of Rs. 8,000-13,500/- the petitioners are entitled for the same pay scale. The contention of the Counsel for the respondents that petitioners are not entitled for revised pay scale of Rs. 8,000-13,500/- is not accepted to this Court on the ground that they have not been directly appointed and as such is not entitled for the said pay scale is not acceptable to this Court. From perusal of Annexure-5 dated 1.7.2009 it is crystal clear that promotional scale of Subordinate Services of State Education Service Class-II is Rs. 8,000-13,500/- and promotions to the said scale were also considered and granted vide several orders of the Department dated 1.7.2009 Memo No. 186. The respondent-authorities have not considered their own resolution and have misconstrued the prayer of the petitioner regarding benefit of ACP and upgraded pay scale and non-consideration of the same by the respondents is not tenable in the eyes of law. Admittedly, promotion to the next higher scale is scale of Rs. 6,500-10,500/- which is not in dispute but the same has been upgraded in the scale of Rs. 8,000-13,500/- which cannot be said to anomaly vis-a-vis other service. The respondents have admitted in paragraph No. 22 of the counter-affidavit dated 15.9.2010 though the scale of Rs. 6,500-10,500/- has been upgraded to the scale of Rs. 8,000-13,500/- merely because the scale of Rs. 6,500-10,500/- is still existing. The petitioners cannot be denied upgraded pay scale. 8,000-13,500/- which cannot be said to anomaly vis-a-vis other service. The respondents have admitted in paragraph No. 22 of the counter-affidavit dated 15.9.2010 though the scale of Rs. 6,500-10,500/- has been upgraded to the scale of Rs. 8,000-13,500/- merely because the scale of Rs. 6,500-10,500/- is still existing. The petitioners cannot be denied upgraded pay scale. From perusal of the records it is apparent that from the resolution of the Finance Department dated 12.8.2011 Memo No. 1/11 clause (iv) which relates to the Junior Engineers who were given the benefit of ACP in the scale of Rs. 6,500-10,500/- were considered for upgraded pay scale of Rs. 8,000-13,500/- there is no occasion why the members of the Block Education Extension Officer claiming promotion to the higher post of Bihar Education Subordinate Class Grade-II are not entitled for the upgraded pay scale of Rs. 6,500-10,500/- in the scale of Rs. 8,000-13,500/-. The resolution of the Finance Department is fully applicable in the instant case. The petitioners are entitled for the pay scale of Rs. 8,000 to 13,500/-. Since there is promotional avenue hierarchy for the post of Block Education Extension Officer, the fixation of pay scale of the petitioner cannot be as per Schedule-I of the Resolution No. 5207 dated 14.8.2002 (scheme for ACP) and thus the petitioner is entitled to the up-gradation as per Schedule-I. The petitioners are very much entitled for the upgraded pay scale of Rs. 8,000 to 13,500/- of Rs. 6,500 to 10,500/-. 17. As a cumulative effect of the aforesaid, Rules, guidelines, legal proposition and judicial pronouncement, I hereby direct the respondent Nos. 2 and 3 to take a decision on the representation of the petitioners and pass a detailed reasoned order considering the resolution of the Finance Department dated 17.12.2007/18.12.2007 (Annexure-3 to the writ petition) and also order dated 5.12.2006 passed in W.P.(S) No. 6350/2006 and the consequential orders dated 5.4.2008 issued by the Department itself from Jharkhand Subordinate Education Service of the Department of School Education and Literacy, Govt. of Jharkhand in view of the fact that petitioners belong to Jharkhand Subordinate Education Service are entitled for promotion on the post of Jharkhand Education Service Class-II as per the notification issued vide Memo No. 238 dated 8.9.2015 of the State of Jharkhand and hence they are entitled for the pay scale of said Education Service Class-II i.e. Rs. 8,000 to 13,500/-. 18. 8,000 to 13,500/-. 18. Needless to say that the entire exercise be completed within a period of six weeks from the date of receipt of a copy of this order and if the petitioners are found entitled for the pay scale of Rs. 8,000 to 13,500/- the same may be extended to them with all consequential benefits after taking a policy decision in accordance with law within a period of four weeks thereafter. 19. Resultantly, this writ petition stands allowed.