Jharkhand High Court
Unknown vs The State Of Jharkhand on 8 January, 2020
Author: S.N. Pathak
Bench: S.N. Pathak
Page 1 of 4
W.P.(S) Nos. 3030 & 3038 of 2017
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.3030 of 2017
With
W.P.(S) No. 3038 of 2017
Parameshwar Mahato son of Late Saibu Mahato
(W.P.(S) No.3030 of 2017)
Mery Megnesh Suraj daughter of Late Bijoy Suraj
(W.P.(S) No.3038 of 2017) ... ... Petitioners
Versus
1. The State of Jharkhand, through Chief Secretary, Ranchi.
2. THE PRINCIPAL SECRETARY, Department of Human
Resources, Ranchi.
3. THE DIRECTOR (Primary Education), Ranchi Now Education
and Literacy Department, Ranchi.
4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION,
Kolhan Division, Chaibasa, West Singhbhum.
5. THE DEPUTY COMMISSIONER, East Singhbhum at
Jamshedpur cum-Chairman of the District Education Establishment
Committee, East Singhbhum, Jamshedpur.
6. THE DEPUTY DEVELOPMENT COMMISSIONER, East
Singhbhum.
7. THE DISTRICT SUPERINTENDENT OF EDUCATION,
East-Singhbhum. ... ... Respondents.
(In both the cases)
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N. PATHAK
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For the Petitioners : Mr. Mahesh Kr. Sinha, Advocate
For the Respondents : Mr. Samir Sahay, A.C. to A.G.
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Order No. 09: Dated: 8th January, 2020
Per Dr. S.N. Pathak, J.:
1. Heard the parties.
2. The issues involved in both these writ petitions are similar i.e. relating to pay anomalies and as such both the writ petitions are being tagged together and are being heard and disposed of by this common judgment.
3. The petitioners pray for consideration of their cases for fixation of pay in the revised pay of Rs. 1900/- per months in the scale of 1400-2600 w.e.f. 01/04/1989 when the petitioners completed Page 2 of 4 W.P.(S) Nos. 3030 & 3038 of 2017 their 12 years of service as per the Resolution dated 18.12.1989, issued by the Finance Department Government of Bihar Patna in view of Vth pay revision commission as well as for pay protection and accordingly under VIth pay Revision, to fix the basic pay @ Rs. 6950/- per moth w.e.f. 01.01.1996 whereas the respondents have wrongly fixed the basic pay Rs. 1520/- w.e.f. 09.06.1988 for the petitioner in W.P.(S) No. 3030 of 2017 and w.e.f. 16.06.1988 for the petitioner in W.P.(S) No. 3038 of 2017 instead of Rs. 1900/- per month w.e.f. 01.04.1989 (for both the writ petitioners) in contravention of order of the Hon'ble Court dated 11.07.2008 passed in W.P.(S) No. 656 of 2003 and further prays for payment of arrears of salary and the consequential benefits with statutory interest thereon.
4. Both the petitioners were appointed as Matric Trained Teacher in the trained scale of Rs. 230/- vide memo dated 30.05.1976 issued by the District Superintendent of Education, Chaibasa undivided District Singhbhum and the petitioner in W.P.(S) No. 3030 of 2017 had joined the post on 09.06.1976 whereas the petitioner in W.P.(S) No. 3038 of 2017 had joined the post on 16.06.1976.The petitioner in W.P.(S) No. 3030 of 2017 retired on 28.02.2013 whereas the petitioner in W.P.(S) No. 3038 of 2017 retired on 31.01.2014.
5. It appears that the different and contradictory stands are taken by the department in view of these two petitioners in comparison of other similarly situated persons. Both these matters are related to pay anomalies. What pay scale a particular employee is entitled for is the exclusive domain of the State and it would be appropriate if the same is referred to Committee of experts for proper redressal of grievances related to pay anomalies of the petitioners.
6. At the very outset learned counsel for the petitioners submit that it would be proper if the matter is referred to a committee of Page 3 of 4 W.P.(S) Nos. 3030 & 3038 of 2017 experts for proper redressal of grievances related to pay anomalies of the petitioners. He further submits that these writ applications are squarely covered by the order passed on 23.08.2018 by this Hon'ble Court in W.P.(S) No. 1820 of 2017 (Jharkhand Police Men's Association, Branch Fire Service, Jharkhand, Ranchi Vs. State of Jharkhand) and other analogous cases. Learned counsel further submits that this case may be disposed of in terms of orders passed in the aforesaid case.
7. On the other hand counter-affidavit has been filed, however, learned counsel appearing for the respondents very fairly submits that issued involved in this writ petition has already been decided by the Hon'ble Court in W.P.(S) No. 1820 of 2017, whereby the Hon'ble Court has directed the respondent State to constitute a High Power Committee for looking after the cases of pay anomalies of the employees of the State. In compliance of said order, Additional Chief Secretary, Govt. of Jharkhand vide office order dated 05.11.2018, has already constituted a High Power Committee, for deciding the cases of pay anomalies. As such, if the present petitioners approach the respondent authorities along with a copy of this order and if a direction be given to the respondents, reasoned order shall be passed, extending the benefits for which the petitioners are entitled for.
8. Accordingly, I hereby direct the petitioners to approach the concerned department with a representation annexing the relevant documents within a period of two weeks from the date of receipt of a copy of this order and upon receipt of such representation, the same shall be referred to High Power Committee, constituted in compliance of Court's order dated 23.02.2018, passed in W.P.(S) No. 1820 of 2017. The High Power Committee shall verify the facts and entitlement of the petitioners and recommend the cases of the Page 4 of 4 W.P.(S) Nos. 3030 & 3038 of 2017 petitioners to the concerned Department for grant of benefits of pay- scale, as per their entitlement, in accordance with law. On receipt of such recommendation, the concerned Department shall pass a reasoned order and extend the benefits to the petitioners, if entitled within a further period of four weeks.
9. With the aforesaid observations and directions, this writ petition stands disposed of.
(Dr. S.N. Pathak, J.) Jharkhand High Court MM / 08.01.2020 AFR/NAFR