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2021 DIGILAW 3 (JHR)

Sanjay Kumar Singh v. State of Jharkhand

2021-01-04

SANJAY KUMAR DWIVEDI

body2021
ORDER : 1. Heard Mr. Saurabh Shekhar, the learned counsel for the petitioners and Ms. Pinki Tiwari, the learned counsel for the respondent-State. 2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. The petitioners have preferred this writ petition for direction upon the respondents to fix the entry pay in the 6th pay revision, to the tune of Rs. 17,140/- as against grade pay of Rs. 4600/- in pay band-II in the scale of Rs. 9300-34800/- i.e. corresponding to the entry pay as prescribed in schedule-I of Government resolution dated 28.02.2009 as found against such grade pay of Rs. 4600/- in the pay band-II of schedule-I of the resolution. Further prayer is made to fix the entry pay and consequential benefits. 4. Mr. Saurabh Shekhar, the learned counsel for the petitioners submits that the petitioners were appointed on the post of Assistant Teacher in the month of August, 1994 in Government Primary Schools. The petitioners after completion of 12 years of continuous service became entitled for promotion to the senor scale in the month of August, 2006. The petitioners were granted promotion and thereafter fixation of pay was done in the senior scale having grade pay of Rs. 4600/- in PB-II in the pay scale of Rs. 9300-34800/-. The entry pay of all the petitioners in the grade pay of Rs.4600/- was decided to be Rs. 15,850/- which is less than Rs. 17,140/- as mentioned in the schedule-I of Government resolution dated 28.02.2009. The State of Jharkhand has undertaken to adopt 6th PRC with effect from 01.01.2006 and the replacement scale has been provided. In the schedule-I of the resolution, pay band, corresponding grade pay, pay in the pay band and total pay have been prescribed. The petitioners have been granted PB-II bearing scale of Rs. 9300-34800/- in the grade pay of Rs. 4600/- and pay in the pay band was to be decided as Rs. 12,540/- but instead it was decided less and thereafter the lesser pay of Rs. 15,850/- was fixed in the 6th PRC instead of recorded Rs. 17,140/- as entry pay. The entry pay in the grade pay of Rs. 9300-34800/- in the grade pay of Rs. 4600/- and pay in the pay band was to be decided as Rs. 12,540/- but instead it was decided less and thereafter the lesser pay of Rs. 15,850/- was fixed in the 6th PRC instead of recorded Rs. 17,140/- as entry pay. The entry pay in the grade pay of Rs. 4600/- is always to be Rs. 17,140/- as per schedule-I of the Government resolution dated 28.02.2009 as contained in Annexure-2 to the writ petition. The matter was agitated before the learned Central Administrative Tribunal, Delhi in O.A. No. 3217 of 2014 and the issue was decided vide judgment and order dated 04.04.2016. Further the matter was agitated before the Hon’ble Delhi High Court, in W.P. (C) No. 2634 of 2017 and vide judgment and order dated 23.03.2017 the issue was decided. Further the matter was also raised before the Hon’ble Supreme Court in SLP (Civil) No. 23663 of 2017, whereby the final decision was taken on 01.09.2017 wherein the Central Government conceded to the issue. These orders are annexed as Annexure-3 series to the writ petition. 5. In view of the judgment of the Central Administrative Tribunal, Delhi High Court and the order in the SLP, the Court comes to the conclusion that it requires to be considered by the respondent State at first instance. 6. In view of the above facts, the petitioners are directed to file fresh representation before the respondent nos. 2 and 3 annexing all the credentials on which the petitioners are seeking such relief within three weeks from today. 7. If such representation is filed within the aforesaid period, the respondent nos.2 and 3 shall take a decision in accordance with the rules, regulations and the guidelines and will pass appropriate reasoned order within a period of eight weeks thereafter. 8. With the aforesaid observation and direction, the writ petition [W.P. (S) No. 3488 of 2020] stands disposed of. Writ Petition disposed of accordingly.