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2018 DIGILAW 2448 (JHR)

Sudarshan Rana v. State Of Jharkhand

2018-11-01

PRAMATH PATNAIK

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JUDGMENT Pramath Patnaik, J. - In the captioned writ application, prayer has been made by the petitioner for direction upon the respondents to grant the benefit of 2nd ACP on the ground that similarly situated persons have been granted the same. Further, prayer has been made for direction upon the respondents to sanction the revised pay scale of Rs.5500-9000/- corresponding to pre- revised scale of pay of Rs.1200-1800/- and again revised as Rs.4000-6000/- to the petitioner and similarly situated employees by removing the anomaly which occurred in the report of the Fitment committee which has been accepted by the Finance Department. 2. Learned counsel for the petitioner has strenuously urged that the action of the respondents in not granting the ACP is violative of Article 14 of the Constitution of India since similarly situated persons have already been granted the benefit of 2nd ACP. Learned counsel further submits that the report of the fitment committee smacks of arbitrariness since petitioner and other similarly situated employees on technical posts have not been considered for pay scale of Rs.5500-9000/-. Learned counsel further submits that the petitioner is entitled for benefit of 2nd ACP and also the benefit of pay scale of Rs.5500-9000/- by removing anomaly which has occurred in the report of Fitment Committee and the pay scale has been reduced to Rs.5000- 8000/- which the petitioner is not getting, but the petitioner at present is getting pay scale of Rs.4000-6000/-. 3. A counter affidavit dated 17.08.2009 has been filed by the respondent no.4, wherein it has been submitted that the petitioner has been appointed as Technical Police (Carpenter) at Jharkhand Armed Police, Training Centre, Padma, Hazaribagh. There is no provision for promotion in higher rank in Technical Police (Carpenter) so the petitioner has been granted 2nd A.C.P on completion of his 24 years of service according to Jharkhand Government Finance Department Sankalp No.3/S-6 (Promotion)-02/2002-5207B Ranchi dated 14.08.2002. The petitioner is only entitled to get the pay scale of Rs.4,000-6000/- instead of Rs.5500-9000/- as evident from Annexure-D to the counter affidavit. 4. The petitioner is only entitled to get the pay scale of Rs.4,000-6000/- instead of Rs.5500-9000/- as evident from Annexure-D to the counter affidavit. 4. A supplementary counter affidavit dated 18.11.2017 has been filed on behalf of the respondent no.5 wherein it has been submitted that the petitioner has been appointed directly upon the post of Carpenter Police for which there is no hierarchy, that is to say the next promotional post has not been defined, hence, it will be difficult to give him benefit of promotion to the next promotional post. Instead of giving him promotion to the next post, he has been granted benefit of 2nd ACP to the next pay band after completion of 24 years continuous service with effect from 04.09.2003. It will be necessary to introduce here that prior to getting 2nd ACP he was working on the pay scale of Rs.3050-75-3950-80-4590 and now he is getting pay scale of Rs.4000-6000/-. Further, it has been submitted that the 2nd ACP has been given to the petitioner and accordingly revised pay scale of the petitioner has been confirmed by the Deputy Secretary, Department of Home, Govt. of Jharkhand vide letter dated 03.07.2008 annexed as Annexure-A to the supplementary counter affidavit. Further, it has been submitted that so far as claim of the petitioner with that of Constable is concerned, in case of Constable Police, hierarchy has been defined. Moreover, as per the resolution dated 14.08.2002 the pay scale of Rs.5500-9000 is not admissible in the petitioner''s case. Further, it has been submitted that as per the resolution of the Finance Department, Govt. of Jharkhand dated 14.08.2002, Clause (3) of para 2 specifically states that where there is no defined hierarchy for the purpose of promotion or where there is less than two subsequent promotional post in hierarchy, as per the Schedule-I, they will get the benefit of ACP to the next pay scale as per the Annexure-B to the supplementary counter affidavit. 5. Learned counsel for the State by referring to the counter as well as supplementary counter affidavit submits that in view of the Clause (3) of para 2 of the Finance Department resolution dated 14.08.2002, after 1 st and 2 nd ACP the pay of the petitioner has been correctly fixed and the prayer of the petitioner for grant of 2nd ACP of Rs.5500-9000/- is not admissible and is thoroughly misconceived. 6. 6. After hearing learned counsel for the respective parties and on perusal of the record, I am of the considered view that the petitioner has not been able to make out a case for interference, due to the following facts and reasons: (I) The Finance Department, Govt. of Jharkhand, resolution dated 14.08.2002 with regard to grant of Assured Career Progression, the relevant Clause-3 of para-2 reads as under: After grant of 1st and 2nd ACP benefits, the petitioner was in the pay scale of Rs.3050-75-3950-80-4590/-. So far as grant of 1st and 2nd ACP is concerned, the same has already been granted to the petitioner and the petitioner has been given the pay scale as aforesaid Schedule I to the Annexure-B to the supplementary counter affidavit. (II) Admittedly, the petitioner who is Carpenter Constable, there is no promotional avenue so the case of the petitioner could not be compared with that of General Constable who has got hierarchy of promotion. In order to obviate their financial stagnation, 1st and 2nd ACP benefit has been granted to the petitioner as per the Finance Department resolution dated 14.08.2002, therefore, petitioner cannot have any grievance nor there is any element of discrimination with that of other employees of General Police Constable. 7. In view of the reasons stated in the foregoing paragraphs, this Court is not inclined to accede to the prayer of the petitioner. Accordingly, the writ petition is dismissed being devoid of any merit.