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2018 DIGILAW 2074 (JHR)

Girija Devi v. State of Jharkhand

2018-09-14

PRAMATH PATNAIK

body2018
ORDER : 1. Heard Mr. Saurabh Shekhar, learned counsel for the petitioners as well as Mr. Shahid Khan, learned S.C. (Mines) assisted by M/s. Suraj Prakash and Razaullah Ansari, learned A.C. to S.C. (Mines) appearing for the Respondents-State. 2. In the captioned writ application, the petitioner has sought for issuance of an appropriate direction commanding upon the respondents to grant pay scale to the petitioners of the post of Dressing Assistants, the post on which the petitioners have been appointed, scale which is Rs.950- 1500/- consequent revised scale of the same is Rs.3050-4590/- and further to release the arrears of difference of salary from the date of their appointment on the post of Dressing Assistant because they have been paid lesser to the scale and further to forthwith give the benefit under the Assured Career Progression Scheme for making revision in the pay scale i.e. in the scale of Rs.3050-4590/- and to release the arrears of difference of salary alongwith interest. 3. During pendency of the writ application, due to death of the original petitioner no. 1, the legal heirs have been substituted in place of the deceased-petitioner, since the right to sue, survived vide order dated 06.09.2017 whereas, the petitioner no. 2 has superannuated. 4. Shorn of unnecessary details, the facts, as have been delineated in the writ application is that the petitioners were appointed on 1.6.1979 vide order No. 94 on the post of Dressing Assistant against the vacant sanctioned posts, for which the requisition has been made by the Animal Husbandry and Fishery Department. It has been submitted that since the petitioners were appointed on the post of Dressing Assistant, they were entitled to get the pay scale of Rs.950-1400, but from the very inception, the petitioners have been granted the pay scale of Rs.775-1025/-. It has been further averred that from the extract of the Bihar Gazette, published on 13th February, 1999 it is clear that the reference of the post of Dressing Assistants have been given at Sl. No. 269 and the corresponding existing pay scale is Rs.950-1500 and the corresponding revised scale of the same is Rs.3050-4590 and since the petitioners are getting lesser pay scale, they have made repeated representations before the concerned authorities for redressal of their grievances vide their representations dated 27.07.2006 and 22.08.2006, which have fallen on the deaf ears of the respondents. No. 269 and the corresponding existing pay scale is Rs.950-1500 and the corresponding revised scale of the same is Rs.3050-4590 and since the petitioners are getting lesser pay scale, they have made repeated representations before the concerned authorities for redressal of their grievances vide their representations dated 27.07.2006 and 22.08.2006, which have fallen on the deaf ears of the respondents. The petitioners left with no alternative and efficacious remedy, have been constrained to knock the doors of this Court under Article 226 of the Constitution of India for redressal of their grievances. 5. Learned counsel for the petitioners has vehemently submitted that admittedly, the petitioners were appointed on 1.6.1979 vide order No. 94 on the post of Dressing Assistants against the vacant sanctioned posts, for which the requisition has been made by the Animal Husbandry and Fishery Department and as per the extract of the Bihar Gazette, published on 13th February, 1999 it is quite evident that the reference of the post of Dressing Assistants have been given at Sl. No. 269 and the corresponding existing pay scale of the said post is Rs.950-1400 and the corresponding revised scale of the same is Rs.3050-4590 and by virtue of the fact that the petitioners have been appointed on the post of Dressing Assistant, they are entitled to get the pay scale of Rs.950-1500/- and the corresponding revised scale of the same is Rs.3050-4590. Learned counsel further submits that the action of the respondents is highly arbitrary being violative of Article 14 of the Constitution of India. 6. Controverting the averments made in the writ application, a counter affidavit has been filed by the respondent no. 2, wherein, it has been, inter alia, submitted that Shri Chandeshwar Prasad Singh and Sri Pramod Singh were originally appointed on the post of Class-IV in the pay scale of Rs.155-190/- by the then Regional Director, Chotanagpur Range, Ranchi vide his order dated 01.06.1979, on the recommendation of the appointment Committee. The petitioners got the benefit of the pay revision of Class-IV scale from time to time in the light of recommendation of the fitment Committee/pay revision committee as mentioned in his service book. The petitioners got the benefit of the pay revision of Class-IV scale from time to time in the light of recommendation of the fitment Committee/pay revision committee as mentioned in his service book. Appointment scale Revised scale Rs.155-190/- 1.1.81 350-425/- 1.1.86 775-1025/- 1.1.96 2550-3200/- It has further been stated that though the Dressing Assistant is a Class-III post, but the petitioners were appointed basically as Class-IV employee and they were never promoted from Class-IV to Class-III post and in view thereof also, the petitioners are not entitled to get the salary of Class-III post as prayed in the writ petition i.e. the scale of Rs.3050-4590/-. 7. A supplementary counter affidavit, dated 8.7.2011 has also been filed on behalf of the respondent. In the said affidavit, it has been, inter alia, submitted that the petitioner Sri Chandeshwar Prasad Singh was appointed in 1979 as a Dressing Assistant in Small Poultry Dressing Plant, which is the post of class IV and he also retired on 30.06.2010 as a Class IV employee. He has been sanctioned the benefits of ACP w.e.f. 09.08.1999 and thus, he joined the department as a Class IV and also retired as a Class IV employee. It has further been submitted that Sri Pramod Singh also joined the department as a Class IV employee and is still working as a Class IV employee in the Koderma District and has also been given the benefits of ACP. 8. Apartfrom reiterating the contentions raised in the counter affidavit as well as the supplementary counter affidavit, learned counsel for the Respondents-State has vociferously submitted that the prayer of the petitioners have already been redressed and the writ petition, being devoid of any merit, deserves to be dismissed. 9. Having bestowed my anxious consideration to the rivalised submissions and on perusal of the records, this Court is of the considered view that the petitioner has been able to make out a case for interference due to the following facts and reasons : - (i) Admittedly, the petitioners were appointed on 1.6.1979 vide order No. 94 on the post of Dressing Assistants against the vacant sanctioned posts, for which the requisition has been made by the Animal Husbandry and Fishery Department and as per the extract of the Bihar Gazette, published on 13th February, 1999 it is quite evident that the reference of the post of Dressing Assistants have been given at Sl. No. 269 and the corresponding existing pay scale of the said post is Rs.950-1400 and the corresponding revised scale of the same is Rs.3050-4590 and by virtue of the fact that the petitioners have been appointed on the post of Dressing Assistant, they are entitled to get the pay scale of Rs.950-1400/- and the corresponding revised scale of the same is Rs.3050-4590. 10. In view of the reasons stated in the foregoing paragraphs and as a logical sequitur, the respondents are directed to grant pay scale to the petitioners of the post of Dressing Assistants, the post on which the petitioners have been appointed, which is Rs.950-1500/- and the consequent revised scale of which is Rs.3050-4590/- and further directed to release the arrears of difference of salary from the date of their appointment on the post of Dressing Assistants and are further directed to give the benefit under the Assured Career Progression Scheme for making revision in the pay scale i.e. in the scale of Rs.3050-4590/- and to release the arrears of difference of salary. 11. Resultantly, the writ petition stands allowed.