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2018 DIGILAW 1937 (JHR)

Aslam Shadab v. State Of Jharkhand

2018-08-24

PRAMATH PATNAIK

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JUDGMENT Pramath Patnaik, J. - In the instant writ application, the petitioner has inter alia prayed for quashing order dated 16.05.2008, whereby representation of the petitioner claiming his pay-scale of Rs. 4000- 6000 has been rejected; and further prayer has been made for direction upon the respondents to consider the claim of the petitioner for grant of pay-scale of Rs. 4000-6000 from the date of his joining. 2. The facts, in brief is that the petitioner was appointed on compassionate ground on the post of Copyist as Grade III employee vide order dated 21.06.2005. It has been averred that though the petitioner was entitled to get pay-scale of Rs. 4000-6000, but he was paid pay-scale of Rs. 3200-4900/-. Aggrieved thereof, the petitioner represented several times before the respondents-authorities but it did not evoke any response, which compelled the petitioner to move before this Court by filing W.P. (S) No. 3733 of 2007 that stood disposed of vide order dated 06.03.2008 with liberty to the petitioner to file fresh representation before the Principal Secretary, Land Record and Survey Department, Govt. of Jharkhand. With the liberty aforesaid, the petitioner submitted representation before the concerned respondent, which was rejected by passing impugned order dated 16.05.2008. 3. Heard Mr. Afaque Ahmad, learned counsel for the petitioner and Mr. Sunil Singh, Associate Counsel to learned S.C. (Mines) for the respondents. 4. Learned counsel for the petitioner submitted that petitioner is working in the office of District Settlement Officer, Ranchi which comes under Revenue and Land Reforms Department, Government of Jharkhand, Ranchi. In this regard, learned counsel for the petitioner further submitted that record room section of Deputy Commissioner Office also comes under the Revenue and Land Reforms Department and the Copyist working in the said department is getting the pay-scale of Rs. 4000-6000 but the petitioner has been subjected to hostile discrimination by granting pay-scale of Rs. 3200-4900/-. Besides, the copyists working in the District Record Room under the office of Deputy Commissioner, Ranchi, whose qualification is matriculation, are also getting proper pay-scale of Rs. 4000-6000/-. Learned counsel for the petitioner referring to recommendation of Fitment Committee submitted that the Committee has also recommended revised pay- scale of Rs. 4000-6000/- for the Copyists. But the respondents-authorities did not consider these facts while passing the impugned order. 4000-6000/-. Learned counsel for the petitioner referring to recommendation of Fitment Committee submitted that the Committee has also recommended revised pay- scale of Rs. 4000-6000/- for the Copyists. But the respondents-authorities did not consider these facts while passing the impugned order. Referring to paragraph 4 of the impugned order, which says that Fitment Appellate Committee has recommended revision of recruitment rule specifying graduation as a minimum qualification for entitlement of pay-scale of Rs. 4000-6000 otherwise, it would be Rs. 3050-4590/-, it has been submitted that the petitioner, after due permission from the Assistant Settlement Officer, Ranchi, has passed graduation [B.A. (Hons.)] in the year 2006 and thereafter has passed M.A in the year 2009, but even then also he is not getting the said pay-scale. 5. As against this, learned counsel for the respondents submitted that as per letter dated 16.07.1987, the scale of tracers and copyists working under the Settlement Officer fixed at Rs. 535- 10-645-15-690-15-765, later corresponding to pay-scale of Rs. 3050-4540/-. However, on recommendation of Appellate Fitment Committee, constituted under the chairmanship of Justice Shri Aftab Alam, aforesaid scale of Rs. 3050-4590/- was replaced as Rs. 3200-4900/-, which the petitioner is getting. It has further been submitted that petitioner was appointed on compassionate ground and at the time of joining the services his basic qualification was Intermediate, hence the recommendation of Appellate Fitment Committee is of no help to the petitioner. Learned counsel for the respondents further submitted that nature of work of copyist and remunerative copyist are same in the establishment of Collector and Deputy Commissioner. It has further been submitted that copyist union have demanded enhancement of Pay-scale of Rs. 4000-6000 instead of Rs. 3050-4590 and the Fitment Committee recommended that if the recruitment rule specifing graduation as the minimum qualification then the scale would be Rs. 4000-6000 otherwise it would be 3050-4590. Therefore, the said Committee recommended the scale of Rs. 3200-4900 for the remunerative copyist till enhancement of minimum qualification is done. 6. In reply, learned counsel for the petitioner submitted that letter dated 16.07.1987, relying on which the respondents have made a statement that petitioner is not entitled to get pay-scale of Rs. 4000-6000/-, is not applicable in the case of petitioner as it relates to those copyists who were working on remuneration basis in settlement office as remunerative copyists, and through the said letter they have been declared as Government employee. 4000-6000/-, is not applicable in the case of petitioner as it relates to those copyists who were working on remuneration basis in settlement office as remunerative copyists, and through the said letter they have been declared as Government employee. In the impugned order, the respondents have mixed up the case of the petitioner with that remunerative copyists as Fitment Committee recommendation mentioned in the said order is for the remunerative copyist and not for the copyist; as such impugned order dated 16.05.2008 is liable to be quashed. 7. On close scrutiny of materials available on record, it appears that the petitioner was appointed on compassionate ground on 21.06.2005 in the office of Settlement Officer, Ranchi on the post of Copyist in the pay-scale of 3050-4590-the Intermediate pass scale. The petitioner immediately after joining the services represented the Department ventilating his grievances which resulted in passing of impugned order dated 16.05.2008. From plain reading of impugned order, it appears that the claim of the petitioner for enhancement of pay-scale to Rs. 4000-600 has been denied mainly on two grounds: (i).As per letter dated 16.07.1987 issued by the Department of Revenue and Land Reforms, Govt. of Bihar, the payment of copyists have been fixed in the pay-scale of Rs. 3050-4590/-. (ii).Further, on the basis of recommendation made by Fitment Committee under the Chairmanship of Hon''ble Mr. Justice Aftab Alam, which was constituted Resolution dated 15.01.2000, pay-scale of Rs. 3200-4900 was granted. The operative portion of recommendation is quoted herein below: "the fitment Committee have recommended revision of the recruitment rule specify Graduation as the minimum qualification then the scale would be Rs. 4000-6000/-. Otherwise it would be Rs. 3050-4590/-. However, this Committee feels that since an equivalent post in the centre would not be found, the normal replacement scale should be provided. Therefore, this committee recommends the scale of Rs. 3200-4900/- for the Remunerative copist till enhancement of minimum qualification is done." 8. From the pleadings available on record, it appears that letter dated 16.07.1987 issued by the Revenue and Land Reforms Department, Government of Bihar was in relation to the copyists, who were working on remuneration basis in settlement office and by issuance of this letter they were declared Government employee; hence the Fitment Committee decided to give separate pay-scale for them. From the pleadings available on record, it appears that letter dated 16.07.1987 issued by the Revenue and Land Reforms Department, Government of Bihar was in relation to the copyists, who were working on remuneration basis in settlement office and by issuance of this letter they were declared Government employee; hence the Fitment Committee decided to give separate pay-scale for them. Furthermore, from bare perusal of recommendation made by Hon''ble Aftab Alam Committee, as quoted in impugned order, it appears that it also relates to Remunerative Copyists, which recommended for grant of payscale of Rs. 3200-4900/- till enhancement of minimum qualification is done i.e. the degree of qualification. Even if recommendation of the committee would have been made applicable to petitioner, as per averment made by the petitioner he acquired the qualification of degree in the year 2006; hence also the petitioner ought to have been offered the scale of Rs. 4000- 6000/- after acquisition of Graduation degree. 9. In addition to the above two grounds, by way of filing supplementary counter affidavit, the respondents-State referring to ''The Jharkhand Gazette published on 28th February, 2009'' submits that in the Gazette only post of copyist is remunerative Copyist and pay-scale has been fixed 5200-20200 with Grade Pay 2000 corresponding to pay-scale of Rs. 3200-4900. In this regard, it would be apt to mention here that admittedly, the petitioner came into service before the coming into force of aforesaid Gazette i.e. 6th Pay Revision Commission recommendation, and hence reports of Fitment Committee of 5th PRC shall be applicable to the petitioner. Hence, such pleading has no leg to stand. Furthermore, from plain reading of Annexure 5, it does appear that for the copyist Rs. 4000-6000/- of pay-scale has been granted. And so far remunerative copyists are concerned they have been granted a separate scale in the circumstance prevalent at that time. Besides, the respondents have failed to produce a chit of paper to show that posts of Remunertive Copyists and Copyists are same and similar. 10. For the reasons aforesaid, it can safely be concluded that the posts of Remunertive Copyists and Copyists were different and distinct at the relevant period of time, and when the petitioner came into service, the pay-scale for copyists were Rs. 4000-6000/-. 11. 10. For the reasons aforesaid, it can safely be concluded that the posts of Remunertive Copyists and Copyists were different and distinct at the relevant period of time, and when the petitioner came into service, the pay-scale for copyists were Rs. 4000-6000/-. 11. So far minimum qualification for the post in question at the relevant time is concerned, the petitioner has come up with a case that copyists working in other similar offices having qualification of matriculation are getting pay-scale of Rs. 4000-6000/-, which has not been well denied by the respondents. Even otherwise also, the petitioner acquired the qualification of Graduation in the year 2006; hence as per the recommendation made by Hon''ble Justice Aftab Alam Committee (Fitment Committee), the petitioner ought to have been given the scale of Rs. 4000-6000/- on acquisition of minimum qualification of Graduation. 12. As a logical sequitur of discussions made in foregoing paragraphs, the impugned order dated 16.05.2008 is quashed and set aside and the respondent no. 2 is directed to take appropriate decision taking into consideration the observations made in the preceding paragraphs within a period of twelve weeks from the date of receipt/production of copy of this order. 13. With the aforesaid observations and directions, the writ petition stands disposed of.