ORDER : D.N. Patel, J. I.A. No. 6037 of 2017 : This interlocutory application has been preferred under Section 5 of the Limitation Act for condonation of delay of 357 days in preferring this Letters Patent Appeal. 2. Having heard learned counsels for both the sides and looking to the reasons stated in this interlocutory application especially in paragraph nos. 5 to 14, there are reasonable reasons for condonation of delay. We, therefore, condone the delay of 357 days in preferring this Letters Patent Appeal. 3. I.A. No. 6037 of 2017 is, therefore, allowed and disposed of. L.P.A. No. 406 of 2017 : 1. This Letters Patent Appeal has been preferred by respondent No. 1 of W.P.(S) No. 4542 of 2014, which was preferred by respondent nos. 1 to 3 for getting the benefit of pay scale of Rs. 8,000-13,500/-, which was allowed by the learned Single Judge vide judgment and order dated 29th June, 2016 and, hence, original respondents have preferred the present Letters Patent Appeal. 2. Mr. Ajit Kumar, learned Advocate General appearing on behalf of the appellants submitted that respondent nos. 1 to 3 (original petitioners) are working as Assistant Directors-cum-District Public Relation Officers in the pay scale of Rs. 2,200-4,000/-. As the said cadre is created on 12th March, 2007 and not declared as State Services, they are not entitled to the benefit of the Resolution dated 17th December, 2007, issued by the Finance Department, Government of Jharkhand. This aspect of the matter has not been properly appreciated by the learned Single Judge while allowing the writ petition preferred by respondent nos. 1 to 3 and, hence, the judgment and order delivered by the learned Single Judge deserves to be quashed and set aside. Learned Advocate General has placed reliance upon Rule 3 of the Jharkhand Information Service Recruitment Rules, 2007 and submitted that respondent nos. 1 to 3 are not falling within the State Services as per Rule 18 of Civil Services (Classification, Control and Appeal) Rules, 1930 and, hence also, as per the State of Jharkhand Resolution dated 17th December, 2007, they are not entitled to the pay scale of Rs. 8,000-13,500/- and, hence also, judgment and order delivered by the learned Single Judge deserves to be quashed and set aside. 3. Learned counsel appearing for respondent nos.
8,000-13,500/- and, hence also, judgment and order delivered by the learned Single Judge deserves to be quashed and set aside. 3. Learned counsel appearing for respondent nos. 1 to 3 submitted that no error has been committed by the learned Single Judge while allowing the writ petition preferred by respondent nos. 1 to 3. Respondent nos. 1 to 3 (original petitioners) are working as Assistant Directors-cum-District Public Relation Officers and they are in the service of the State of Jharkhand and, hence, Resolution issued by the Finance Department, Government of Jharkhand dated 17th December, 2007 especially Clause No. 4 thereof is applicable to respondent nos. 1 to 3. It is also submitted by the learned counsel for respondent nos. 1 to 3 (original petitioners) that so far as Clause No. 4 of the Finance Department's Resolution dated 17th December, 2007 is concerned, revision in the pay scale has already been effected for those who are employees of the State Government and were working in the pay scale of Rs. 2,200-4,000/- which was revised as Rs. 6,500-10,500/- and later on to remove anomaly and on the basis of the report given by the Fitment Committee of the State of Jharkhand, pay scale was lastly revised as Rs. 8,000-13,500/- and the said pay scale is made effective from 1st March, 2007 and, hence, all those employees who are in the service of the State and who were getting the pay scale of Rs. 2,200-4,000/-, which was later on revised as Rs. 6,500-10,500/- and whose next promotional post pay scale is Rs. 10,000-15,200/-, they are entitled to the pay scale as per Fitment Committee's report as Rs. 8,000-13,500/-, irrespective of the fact that the employees have joined the services of the Government on any day after 1st March, 2007. What is declared by the State of Jharkhand is revisioning the pay scale by removing pay anomaly on the basis of the report given by the Fitment Committee of the State of Jharkhand and the conditions mentioned in Clause 4 of the Resolution dated 17th December, 2007 (Annexure-4) have been fulfilled by respondent nos. 1 to 3 (original petitioners). The Resolution is applicable in rem and not in personam.
1 to 3 (original petitioners). The Resolution is applicable in rem and not in personam. The said Resolution is applicable to a particular cadre and the same is applicable with effect from 1st March, 2007 and, hence, all those who are covered by Clause No. 4 of the Resolution dated 17th December, 2007 are entitled to the pay scale of Rs. 8,000-13,500/-. This aspect of the matter has been properly appreciated by the learned Single Judge while allowing the writ petition preferred by respondent nos. 1 to 3. It is further submitted by the learned counsel appearing for respondent nos. 1 to 3 (original petitioners) that there are more than one errors in the original notification issued by the State of Jharkhand which is at Annexure 3 to the memo of the Letters Patent Appeal. Rule 3 thereof has stated Rules of 1955, whereas, the State of Jharkhand wants to say that there are Rules of 1930. Thus, there is an error in the original notification. Instead of 1955, it should be 1930. Secondly, it is submitted by the learned counsel appearing for respondent nos. 1 to 3 (original petitioners) that learned Advocate General has relied upon Civil Services (Classification, Control and Appeal) Rules, 1930, but, this Rules have no direct connection with the intention of the State of Jharkhand. It appears that the State of Jharkhand wants to refer Bihar Service Code and its Rule 18 and not Rule 18 of the Civil Services (Classification, Control and Appeal) Rules, 1930. Thus, there are more than one errors in Rule 3 of the Jharkhand Information Service Recruitment Rules, 2007. It is further submitted by the learned counsel appearing for respondent nos. 1 to 3 (original petitioners) that even otherwise also, as per Rule 18 of the Bihar Service Code, respondent nos. 1 to 3 are already declared by Rule 3 of the Jharkhand Information Service Recruitment Rules, 2007 that the services will be treated as State Government services. Thus, as per Rule 3 of Jharkhand Information Service Recruitment Rules, 2007 (Annexure 3), respondent nos. 1 to 3 are within the State Services. This aspect of the matter has been properly appreciated by the learned Single Judge while allowing the writ petition preferred by respondent nos. 1 to 3 and, hence, this Letters Patent Appeal may not be entertained by this Court. Reasons: 4.
1 to 3 are within the State Services. This aspect of the matter has been properly appreciated by the learned Single Judge while allowing the writ petition preferred by respondent nos. 1 to 3 and, hence, this Letters Patent Appeal may not be entertained by this Court. Reasons: 4. Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, we see no reason to entertain this Letters Patent Appeal mainly for the following facts and reasons: (i) Respondent nos. 1 to 3 are original petitioners, who had instituted writ petition being W.P. (S) No. 4542 of 2014 for getting the benefit of pay scale of Rs. 8,000-13,500/- in view of the Resolution dated 17th December, 2007, issued by the Finance Department, Government of Jharkhand (Annexure-4 to the memo of this Letters Patent Appeal) especially as per Clause No. 4 thereof. (ii) For the ready reference, Clause of Rules and Resolution which are read and reread are as under: (a) Rule 3 of the Jharkhand Information Service Recruitment Rules, 2007 reads as under: "3. Constitution of cadre - The service shall be constituted in the name of 'Jharkhand Information Service'. This shall be construed as State Service for the purpose of Rule 18 of Rule 1955." (emphasis supplied) (The aforesaid translation has been supplied jointly by the learned counsels for both the sides. The original text is in Hindi.) (b) Clause 4 of the Resolution issued by the Government of Jharkhand through Finance Department dated 17th December, 2007 (Annexure-4) reads as under: "4. Thus, the State Government has taken this decision, after considering all the aspects of the matter, that on the recommendation of Fitment Committee by Finance Department Resolution No. 660/F(2), dated 08.02.1999, effective from 01.01.1996, the pay scale, in consonance with Central Government, be upgraded to Rs. 8,000-13,500/- of those State Services Officers, whose basic pay scale is (unrevised Rs. 2,200-4,000/-) and have been allowed the pay scale of Rs. 6,500-10,000/- and whose first ladder of promotion carries the pay scale of Rs. 10,000-15,200/- or more. The notional benefits of upgraded pay scale shall be payable from 15.11.2000 and the actual benefits from 01.03.2007." (emphasis supplied) (The aforesaid translation has been supplied jointly by the learned counsels for both the sides.
6,500-10,000/- and whose first ladder of promotion carries the pay scale of Rs. 10,000-15,200/- or more. The notional benefits of upgraded pay scale shall be payable from 15.11.2000 and the actual benefits from 01.03.2007." (emphasis supplied) (The aforesaid translation has been supplied jointly by the learned counsels for both the sides. The original text is in Hindi.) (c) Rule 18 of Civil Services (Classification, Control and Appeal) Rules, 1930 reads as under: "18. The Provincial Services shall consist of such services (other than the services included in Schedule I) under the administrative control of the Local Government of Governor's Province as the Local Government may from time to time declare, by notification in the local Official Gazette, to be included in the Provincial Services of the province: Provided that one of the services so included shall be entitled the General Service." (d) Rule 18 of the Bihar Service Code (which is adopted by the State of Jharkhand and hence now known as Jharkhand Service Code) reads as under: "18. Gazetted Government servant means: (i) a member of any of the State services; (ii) any other Government servant holding a post which may be specially declared by the State Government to be a Gazetted post." (emphasis supplied) (iii) Looking to Rule 3 of the Jharkhand Information Service Recruitment Rules, 2007, it has been declared by this Rules enacted under 1st Proviso to Article 309 of the Constitution of India that Jharkhand Information Service shall be the State Service. In view of Rule 3, there is no need of any further declaration by any Rule, when, it is explicitly clear that the employees working, in the Jharkhand Information Service Cadre are working in the State Service. (iv) Looking to Clause 4 of the Resolution issued by the Government of Jharkhand through the Finance Department dated 17th December, 2007 there are four conditions for getting the pay scale of Rs. 8,000-13,500/-, which are as under:- "(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." All the aforesaid conditions have been fulfilled by respondent nos.
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." All the aforesaid conditions have been fulfilled by respondent nos. 1 to 3 (original petitioners) and, hence, they are entitled to get the benefit of pay scale lastly finalised by the State of Jharkhand as Rs. 8,000-13,500/- which is based upon the report given by the Fitment Committee appointed by the State of Jharkhand. (v) The arguments canvased by the learned Advocate General appearing on behalf of the appellants that as the Jharkhand Information Service Recruitment Rules, 2007 are applicable from 12th March, 2007, the services of respondent nos. 1 to 3 are not covered under Clause 4 of the Government's Resolution dated 17th December, 2007. We are not agreeing with this contention, mainly for the reason that looking to Clause 4 of the Resolution of the Government of Jharkhand through Finance Department dated 17th December, 2007, there are four conditions as mentioned hereinabove attached with Clause 4 of the said Resolution, all these conditions have been fulfilled by respondent nos. 1 to 3 (original petitioners). This aspect of the matter has been properly appreciated by the learned Single Judge while allowing the writ petition preferred by respondent nos. 1 to 3. The said Clause 4 of the Government's Resolution dated 17th December, 2007 is applicable in rem and not in personam, meaning thereby to that those employees or the Service Cadre of the State Government, who are fulfilling the conditions precedent mentioned in Clause 4 of the Finance Department's Resolution, all are entitled to the pay scale of Rs. 8,000-13,500/-, irrespective of the fact that whether such cadre is being created by the State of Jharkhand prior to 1st March, 2007 or subsequent thereof. Similarly, if the conditions precedent mentioned in Clause 4 of the Finance Department's Resolution dated 17th December, 2007 are fulfilled by any of the employee of the State Government, he is entitled to the pay scale of Rs. 8,000-13,500/- irrespective of the fact that he was employed prior to 1st March, 2007 or subsequent to 1st March, 2007.
Similarly, if the conditions precedent mentioned in Clause 4 of the Finance Department's Resolution dated 17th December, 2007 are fulfilled by any of the employee of the State Government, he is entitled to the pay scale of Rs. 8,000-13,500/- irrespective of the fact that he was employed prior to 1st March, 2007 or subsequent to 1st March, 2007. In fact, neither creation of the service nor appointment of any employee with effect from 1st March, 2007 has anything to do with the applicability of Clause 4 of the Finance Department's Resolution dated 17th December, 2007. In fact, Clause 4 of the aforesaid Resolution has prescribed the conditions precedent, as mentioned categorically hereinabove. Thus, even if, any employee who has already fulfilled all those conditions precedent mentioned in Clause 4 of the Resolution dated 17th December, 2007, and though he is entitled to get the said pay scale of Rs. 8,000-13,500/- prior to 1st March, 2007 then also, monetary benefits shall be payable from 1st March, 2007. In fact, those who are employed later on or if any service is created after 1st March, 2007, they are always entitled to get the benefit of pay scale of Rs. 8,000-13,500/- from the date on which the service is created or the employee is employed, therefore, contention of the State that as the Jharkhand Information Service is created from 12th March, 2007, benefit of Clause 4 of the Finance Department's Resolution dated 17th December, 2007 cannot apply, is not accepted. (vi) The cut-off date - 1st March, 2007 is only for giving actual financial benefits though the pay scale is being enhanced from earlier date. It is not unknown under service jurisprudence that sometimes notional promotions are given, but, the actual financial benefits will be given from subsequent date. Similarly under the service jurisprudence, it may happen that notionally the pay scale may be increased from retrospective date, but, actual financial benefit shall be paid on or from given cutoff date. It cannot be said that if the employees employed later on i.e. after the cutoff date which is prescribed by the Government for actual financial benefits to be given, such employee cannot get the benefit. This contention is devoid of any merit. The cutoff date in the facts of the present case is 1st March, 2007 and it is only for giving financial benefits.
This contention is devoid of any merit. The cutoff date in the facts of the present case is 1st March, 2007 and it is only for giving financial benefits. Thus even if the cadre is created later on or even if any employee is employed later on in the Jharkhand Information Service and if such employees are fulfilling all the conditions precedent of Clause 4 of the Finance Department's Resolution to be read with Rule 3 of the Jharkhand Information Service Recruitment Rules, 2007, they shall be entitled to get the benefit of pay scale of Rs. 8,000-13,500/-. (vii) Much has been argued out by the State of Jharkhand that respondent nos. 1 to 3 (original petitioners) are not within the State Service, we are not accepting this contention mainly for the reason that as per Rule 3 of the Jharkhand Information Service Recruitment Rules, 2007 enacted under 1st Proviso to Article 309 of the Constitution of India, which is annexed at Annexure 3 to the memo of this Letters Patent Appeal, the employees working under this Rules, 2007 are in the State Service. (viii) Looking to the facts of the present case, it appears that initially respondent nos. 1 to 3 were working in the pay scale of Rs. 2,200-4,000/- which was revised as Rs. 6,500-10,500/- and as there was pay anomaly, as per the report given by the Fitment Committee, the pay scale was again revised as Rs. 8,000-13,500/-. The details whereof has been given in the Resolution of the State of Jharkhand through Finance Department dated 17th December, 2007. As respondent nos. 1 to 3 are fulfilling all those conditions precedent mentioned in Clause 4 of the aforesaid Resolution, they are entitled to get the benefit of pay scale of Rs. 8,000-13,500/-. This aspect of the matter has been properly appreciated by the learned Single Judge. No error has been committed by the learned Single Judge while deciding the writ petition being W.P. (S) No. 4542 of 2014 vide judgment and order dated 29th June, 2016. We see no reason to take any other view than what is taken by the learned Single Judge. We are in full agreement with the reasons given by the learned Single Judge. (ix) Looking to Rule 3 of the Jharkhand Information Service Recruitment Rules, 2007, there was reference of Rule 1955.
We see no reason to take any other view than what is taken by the learned Single Judge. We are in full agreement with the reasons given by the learned Single Judge. (ix) Looking to Rule 3 of the Jharkhand Information Service Recruitment Rules, 2007, there was reference of Rule 1955. It appears that this is a typographical error in the original Gazette also. Whenever, any law is enacted by the State, it ought to be kept in mind that no such errors may be left out because the Advocate General is reading Civil Services (Classification, Control and Appeal) Rules, 1930 for the reference of Rule 18 thereof, whereas, learned counsel for respondent nos. 1 to 3 is referring Rule 18 of the Bihar Service Code (now adopted by the State of Jharkhand and hence known as Jharkhand Service Code). Legislative drafting is an art. Such work cannot be done so casually by the officers of the State. If the State of Jharkhand has a Law Commission, then it should be made operative and effective and if the post of Chairman of the State Law Commission is vacant since long, then now it is high time for the State of Jharkhand to fill up such post so that assistance may be rendered from the Law Commission of the State for legislative drafting. We have come across such type of errors in several notifications. 5. As a cumulative effect of the aforesaid facts and reasons, there is no substance in this Letters Patent Appeal, the same is, therefore, dismissed. 6. In view of final order passed in the Letters Patent Appeal, I.A. No. 6038 of 2017 is disposed of. Appeal dismissed.