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Jharkhand High Court · body

2017 DIGILAW 888 (JHR)

Ramesh Chandra Hazam v. State of Jharkhand

2017-06-07

RAJESH SHANKAR

body2017
ORDER : Heard learned counsel for the parties. 2. The present writ petition has been filed for issuance of appropriate direction upon the respondents for re-fixation of pay scale of the petitioner with consequential benefits in Senior Selection Grade in the scale of Rs.2200-4000 for which the petitioner is entitled w.e.f. 01.04.1996. 3. Mr. Neeraj Kishore, learned counsel for the petitioner, submits that the petitioner was appointed on 19.07.1963 as Assistant Teacher in the Middle School, Pundidiri, Ranchi on temporary basis by the Manging Committee in the scale of I.A. Trained Teacher. Subsequently, the District Superintendent of Education, Ranchi vide Memo No. 3899-901 dated 10.04.1975 declared the school recognized w.e.f. 01.09.1974 and thereafter as per Memo No. 1093 dated 16.05.1975, the pay scale of Graduate Trained w.e.f. 01.09.1974 was granted to the petitioner. Accordingly, the petitioner was given the Graduate Trained Scale of Rs.387-13-465 and subsequently, the pay scale of the petitioner was fixed at Rs.415-15-745 w.e.f. 01.04.1980 and thereafter Rs.850-30-1360 on the post of Headmaster w.e.f. 01.04.1981. As per Memo No. 2071/B-2 dated 08.04.1987, issued by the Department of Finance, Government of Bihar, the new pay scale of the petitioner as Headmaster was replaced at Rs.880-35-1510 w.e.f. 01.03.1986 and fixed at Rs.1150 on 28.02.1986. It is further submitted by the learned counsel for the petitioner that the District Superintendent of Education, Ranchi vide Memo No. 2202 dated 21.06.1988 passed an order regarding the seniority in Senior Selection Grade and Junior Selection Grade to those Graduate Trained Headmasters and Assistant Teachers, who were getting Graduated Trained scale till 31.12.1980 as per departmental Notification No. 2440 dated 18.12.1984. Moreover, as per Resolution No. 3/P.A.R.01-3/89-6022/B-2 dated 18.12.1989, the revised pay scale of the petitioner was fixed at Rs.2000-60-3300 on 20.04.1990 payable from 01.01.1986. The petitioner was promoted in the Junior Selection Grade and his pay scale was fixed at Rs.940-40-1660 vide Memo No. 6022 dated 18.12.1989 and revised pay scale was fixed at Rs.2000-60-2825 vide letter dated 19.10.1992 issued by the Regional Education Officer, Torpa. 4. Learned counsel for the petitioner also submits that the petitioner completed 12 years on 01.04.1996 and therefore, he was entitled to get Senior Selection Grade pay scale. However, though the other Headmasters and others were getting Senior Selection Grade pay scale, but the petitioner has not been given the said pay scale. 4. Learned counsel for the petitioner also submits that the petitioner completed 12 years on 01.04.1996 and therefore, he was entitled to get Senior Selection Grade pay scale. However, though the other Headmasters and others were getting Senior Selection Grade pay scale, but the petitioner has not been given the said pay scale. Therefore, the petitioner made representations before the District Superintendent of Education, Ranchi, but the same were not responded. It is finally submitted that the pay scale of the petitioner should have been fixed at Rs.2200-4000 as per revised Pay Scale and, accordingly, his pension fixation should also be revised, which has been fixed by the respondents in Junior Selection Grade at Rs.2000-3500 as the last pay drawn by the petitioner on the date of retirement. 5. Per contra, Mr. Sarvendra Kumar, learned J.C. to S.C. (L & C), while referring to the counter affidavit filed on behalf of the respondent No.3 (District Superintendent of Education, Ranchi), submits that the Middle School, Pundidiri, Tamar, Ranchi was taken over by the State Government w.e.f. 01.09.1974 vide order contained in Memo No. 3899901 dated 10.04.1975 and the petitioner was granted B.A. Trained Scale w.e.f. 01.09.1974 in the pay scale of Rs.387-600. Thereafter, the pay scale of the petitioner was revised at Rs.415-745 w.e.f. 01.04.1980 and again it was revised in the pay scale of Rs.850-1360 w.e.f. 01.04.1981 on the post of Headmaster and after that it was further revised in the pay scale of Rs.880-1510. It is further submitted on behalf of the respondent No.3 that as per the Resolution No. 6022 dated 18.12.1989 (Annexure-A to the counter affidavit), the provision of Selection Grade was already cancelled after 01.03.1989 and on the said basis, the petitioner was not entitled for Selection Grade pay scale. The Junior Selection Grade Scale of Pay for B.A. Trained Teacher/Headmaster as per notification No. 2440 dated 18.12.1984 (Annexure-D to the counter affidavit) was Rs.940-1660 and the pay scale of the petitioner was fixed at Rs.1260 on 01.04.1984. As per the resolution of the Department of Finance, Government of Bihar vide Memo No. 6022 dated 18.12.1989, it would be evident that the pay scale of Rs.940-1660 which the petitioner was getting, was replaced in the pay scale of Rs.1800-3330. 6. As per the resolution of the Department of Finance, Government of Bihar vide Memo No. 6022 dated 18.12.1989, it would be evident that the pay scale of Rs.940-1660 which the petitioner was getting, was replaced in the pay scale of Rs.1800-3330. 6. It is also submitted on behalf of the respondent No.3 that the pay scale of the petitioner should have been Rs.1800-3330 (which was the revised pay scale of Rs.940-1660). However, the pay scale of the petitioner was fixed at Rs.2000-3500, which is the senior scale of Rs.1800-3330. The District Accounts Officer, Ranchi also raised objection at the time of approval of the same and after compliance, the pay of the petitioner was fixed at Rs.9700 w.e.f. 01.01.1996. It is also submitted that the petitioner had already been granted the Senior Selection Grade of B.A. Trained Scale i.e. Rs.1000-1820 w.e.f. 01.04.1984 by the then District Superintendent of Education (Annexure-1 to the writ petition) and on the basis of the same, the pay scale of the petitioner was revised to Rs.2000-3500 as per the recommendation of the 5th Revision Committee Report vide Resolution No. 6022 dated 18.12.1989. 7. It is lastly submitted that as per the Government Notification No. 2440 dated 18.12.1984, the petitioner had already taken the benefits of Junior Selection Grade and Senior Selection Grade of B.A Trained/Headmaster respectively, the petitioner was granted the pay scale of Rs.940-1660 and Rs.1000-1820 and thereafter the same was replaced in the revised pay scale of Rs.2000-3500. As such the petitioner cannot claim pay scale of Rs.2200-4000 w.e.f. 01.01.1996. 8. On Consideration of rival submissions of the learned counsels for the parties and on perusal of various notifications/circulars/office orders mentioned hereinabove, it emerges that the pay scale of the petitioner at Rs.940-1660 should have been revised as Rs.1800-3330, however, the pay scale of the petitioner was fixed at Rs.2000-3500, which was the Senior Scale of Rs.1800-3330. The District Accounts Officer, Ranchi had also objected the same at the time of approval of the pay fixation of the petitioner and thereafter his pay was fixed at Rs.9700 w.e.f. 01.01.1996. It is important to note that as per para 13(iii) & (vi) of Resolution No. 6022 dated 18.12.1989, the provision of Selection Grade was already cancelled after 01.03.1989 and on the said basis the petitioner is not entitled for Selection Grade pay scale. It is important to note that as per para 13(iii) & (vi) of Resolution No. 6022 dated 18.12.1989, the provision of Selection Grade was already cancelled after 01.03.1989 and on the said basis the petitioner is not entitled for Selection Grade pay scale. It further transpires that as per notification No. 2440 dated 18.12.1984, the petitioner had already taken the benefit of Junior Selection Grade and Senior Selection Grade, which has been admitted by the petitioner in paragraphs 9, 11, and 14 of the present writ petition. The same being an admitted position, the petitioner cannot be given the higher pay scale of Rs.2200-4000, as has been prayed in the present writ petition. Thus, in my considered view, the pay scale of the petitioner has rightly been fixed at the scale of Rs.2000-3500 w.e.f. 01.01.1996. 9. Resultantly, the writ petition having no merit is, accordingly, dismissed.