JUDGMENT : Pramath Patnaik, J. 1. In the captioned writ application, the petitioners have interalia prayed for quashing of Memo No.297 dated 01.04.2005 issued by respondent no.2 pertaining to wrong fixation of pay scale and grant of benefits of Assured Career Progression Scheme on the reduced pay scale and the petitioners have further prayed for direction upon the respondents for fixation of pay under 6th Pay Revision after upgradation of pay scale on the basis of anomaly removal committee recommendation. The petitioners have also prayed for grant of benefits of Assured Career Progression after placing the petitioners in the pay scale of Rs.4000-100-6000/- with effect from 01.01.1996 and the petitioners have further prayed for quashing of Memo No.488 dated 19.08.1991 at Annexure-4/1 brought on record by way of supplementary affidavit dated 30.04.2007 whereby the respondents have wrongly counted the services from the date of absorption rather than on the date of appointment and the petitioners have also prayed for direction to grant time bound promotion on their due date of eligibility in the light of Annexure-4. 2. Shorn of unnecessary details, the facts in brief is that the petitioners were appointed as Copying Clerk/Remunerative Nakal Navis/Pratilipik Lipik under the respondents and during course of their services, they were granted 4th and 5th Pay Revision benefits. The services of the petitioner nos.1 to 3 were absorbed in the year 1980 and the petitioner no.4 was appointed as Copying Clerk under Deoghar Collectorate and the services of petitioner no.4 was taken over by the Government and all the petitioners were granted the pay scale of Rs.975-1540/- vide Finance Department letter dated 18.12.1989 under the 5th Pay Revision with effect from 01.03.1989. Pay anomaly removal committee submitted its recommendation for absorption of the pay of the petitioners from Rs.975-1540/- to the scale of Rs.1200-1800/-. The recommendation of the pay anomaly removal committee was not implemented and subsequently, the pay was wrongly fixed on the pay scale of Rs.3200-4900/- being replacement scale of Rs.975-1540/- in the light of Finance Department letter dated 08.02.1999 with effect from 01.01.1996. It has further been averred that the pay scale of the petitioners which was wrongly fixed under 6th Pay Revision and was further reduced from the scale of pay of Rs.3200-4900/- to Rs.3050-4590/- while granting the Assured Career Progression Scheme. It has further been averred that the pay scale of the petitioners which was wrongly fixed under 6th Pay Revision and was further reduced from the scale of pay of Rs.3200-4900/- to Rs.3050-4590/- while granting the Assured Career Progression Scheme. It has further been submitted that the petitioner nos.1 and 2 were granted 1st Time Bound Promotion wrongly from the date taken over by the State Government instead of date of joining. Similarly, the petitioner nos.3 and 4 have not granted any Time Bound Promotion though they are entitled for the same. Being aggrieved by the wrong fixation of pay scale, the petitioners have submitted representation before the respondents. Since the representations submitted by the petitioners failed to evoke any response, left with no other alternative, the petitioners have been constrained to approach this Court under Article 226 of the Constitution of India for redressal of their grievances. 3. Learned counsel for the petitioners has submitted with vehemence that the petitioners are entitled to the scale of Rs.4000-100-6000/- under 6th Pay Revision in the light of pay anomaly removal committee recommendation. Learned counsel for the petitioners further submits that in light of pay anomaly removal committee recommendation, the petitioners were entitled to the scale of Rs.1200-1800/- with effect from 01.03.1989 being upgraded scale of Rs.975-1540/- granted under 5th Pay Revision. 4. Controverting the averments made in the writ application, the counter and supplementary counter-affidavit have been filed on behalf of respondents. In the supplementary counter-affidavit, it has been submitted that the petitioners were working on remuneration basis before 08.07.1980 and prior to 08.07.1980 they were not the Government servant. They were declared Government servant vide letter dated 08.07.1980 of Revenue and Land Reforms Department, Government of Bihar and after 08.07.1980, they were entitled to all the benefits granted by the Government in this regard. It has further been submitted that in the light of Sankalp Memo No.2714 dated 21.09.2007, the pay of the petitioners have been revised and they were given all benefits. It has further been submitted that the petitioners’ services were counted from the date of 08.07.1980 when they were declared Government employees and prior to the said period, the petitioners were working as commission holder employee and not as regular Government employee so, the demand to treat them as regular government employee before 08.07.1980 is against the Circular of the Government. 5. 5. Learned counsel for the State apart from reiterating the submissions made in the counter-affidavit has submitted that in light of direction issued by Secretary, Finance Department, Jharkhand dated 14.08.2002 and in the light of direction issued by the Chief Secretary, Jharkhand vide letter dated 28.02.2005 a meeting was held by the District Established Committee on 15.03.2005 and pay-scale of the salary of Copying Clerks and Peons were fixed. The petitioners were neither given wrong pay-scale nor there was wrong fixation while granting time bound promotion. Learned counsel for the State further submits that vide letter dated 08.07.1980, the petitioners were declared Government servant wherein at paragraph-2, it has been clearly submitted that they were entitled to get Lower Division Clerk at the scale of Rs.220-315/- and basing on such scale, their future upgradation of pay has been given. It has further been submitted that since the petitioners have been declared as Government servant with effect from 08.07.1980, the demand to treat them as regular prior to that pay would not be legally tenable. 6. After having bestowed my anxious consideration to the rivalized submissions and on perusal of the records, I am of the considered view that the petitioners have been able to make out a case for interference due to the following facts and reasons:- (I) On perusal of the Appellate Fitment Committee recommendation as per Annexure-B to the supplementary counter-affidavit, it would be evident that at serial no.51, the scale of pay of remuneration of copyist under department of Revenue and Land Reforms has been mentioned as Rs.975-1540/- and the scale was in vogue in Survey office and Land Acquisition Directorate. (II) The Appellate Fitment Committee report is not in relation of such employees who were in the Field Establishment under various Collectorate and drawing the scale of Rs.1200-1800/- upgraded by virtue of Annexure-2 to the writ petition and the report of the Appellate Fitment Committee is contained in Annexure-B to the supplementary counter-affidavit cannot be made applicable to the case of the petitioners who were in the scale of pay of Rs.1200-1800/- in the light of Annexure-2, the faction of which has neither been controverted nor denied. 7. 7. Viewed thus, memo dated 01.04.2005 vide Annexure-3 and memo dated 19.08.1991 vide Annexure-4/1 of the supplementary affidavit dated 30.04.2007 are hereby quashed and set aside and the respondents are directed to pass appropriate orders to place the petitioners in the scale of pay of Rs.4000-6000/- with effect from 01.01.1996 and appropriate orders be passed by respondents for grant of time bound promotion/ACP in accordance with law and the aforesaid exercise be completed within a period of 12 weeks from the date of receipt/ communication of the order. 8. With the aforesaid direction, the writ petition stands allowed.