Jharkhand High Court
Rajesh Kumar Lal vs The State Of Jharkhand Through The Chief ... on 6 August, 2018
Author: S.N. Pathak
Bench: S.N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S.) No. 243 of 2017
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Rajesh Kumar Lal ......... Petitioner
-VERSUS-
1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Ranchi.
2. The Principal Secretary, Department of Health, Govt. of Jharkhand, Ranchi.
3. The Principal Secretary, Department of Finance, Govt. of Jharkhand, Ranchi.
4. The Director, Ranchi Institute of Neuro-Psychiatry & Allied Sciences (RINPAS), Ranchi.
5. The District Accounts Officer, Ranchi.
......... Respondents
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CORAM: HON'BLE MR. JUSTICE DR. S.N. PATHAK
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For the Petitioner : Mr. Rajiv Ranjan, Sr. Advocate
Mr. Shray Mishra, Advocate
For the State : Mr. Kaustav Roy, AC to Sr. SC-III
For the RINPAS : Mr. Prashant Vidyarthi, Advocate
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15/ 06.08.2018 Heard the parties.
2. The petitioner has approached this Court with a prayer for a direction upon the respondents to grant the benefits of MACP w.e.f. 01.04.2015 in the Grade Pay of Rs.4200/- in the light of Office Order dated 29.09.2015, passed by the respondent-authorities.
3. The factual composition as has been delineated in the writ petition is that an advertisement was floated for appointment of Data Entry Operator under Ranchi Institute of Neuro-Psychiatry and Allied Sciences (RINPAS), Ranchi in the pay-scale of Rs.4500-7000. The petitioner having the requisite qualifications, applied for the same and subsequently, was appointed vide letter No. 807 dated 31.03.2005. Petitioner worked on the said post to the satisfaction of the concerned-authorities and subsequently, vide letter dated 30.07.2007 his services were confirmed by respondents. The petitioner continued to work on the post of Data Entry Operator and on 29.09.2015, his case was recommended to the Screening Committee for grant of the benefits of MACP w.e.f. 01.04.2015 upon completion of 10 years of service from 31.03.2005. Pursuant to the said recommendation, an Office Order dated 29.09.2015 was issued regarding the entitlement of the petitioner for the benefits of MACP. The said recommendation for grant of MACP benefits was sent for approval/ verification before the District 2 Accounts Officer and it was only on the objection raised by the District Accounts Officer, no decision has been taken till date for grant of the benefits of MACP on the basis of pay-scale of Rs.4500-7000 in light of the Circular No. 660 dated 08.02.1999. It is the further case of the petitioner that even the competent authority i.e. the Director, RINPAS has strongly recommended the case of the petitioner for grant of the benefits of MACP and had opined that there is no illegality or any infirmity in the appointment of the petitioner in the pay-scale of Rs.4500-7000 and that has been done as per the New Staffing Pattern and the New Staffing Pattern has got the approval of the Department of Health, Govt. of Jharkhand.
It is the further case of the petitioner that the Finance Department, in view of the audit objection raised by the District Accounts Officer, had directed an enquiry to be conducted as to why and under what circumstances, the petitioner has been granted the pay-scale of Rs.4500-7000 though he was entitled for the pay-scale of Rs.4000-6000 as per Circular No. 660 dated 08.02.1999 but till date no final decision has been taken regarding the benefits of MACP, in view of the decision of the RINPAS and in view of the appointment letter issued to the petitioner earlier. Hence, the present writ petition has been filed by the petitioner for redressal of his grievances.
4. Mr. Shray Mishra, learned counsel appearing for the petitioner strenuously urges that the petitioner is entitled for the pay-scale of Rs.4500- 7000 in view of appointment letter issued to him and in view of the fact that in the said appointment letter, pay-scale of the petitioner was mentioned as Rs.4500-7000 in view of the New Staffing Pattern. Mr. Mishra further argues that even the matter was enquired by the Director, RINPAS, who had strongly recommended the pay-scale of the petitioner and has clearly held in his recommendation that in view of the New Staffing Pattern, which finds approval of the Health Department, the petitioner is entitled for the pay-scale of Rs.4500- 7000 and not Rs.4000-6000 and hence, a direction be given to the respondent- authorities to extend the benefits of MACP on the basis of pay-scale of Rs.4500- 7000 in view of the recommendation of the Director, RINPAS which finds force from the approval given by the Health Department.
5. Per contra, counter-affidavit has been filed. Mr. Kaustav Roy, learned counsel appearing for the respondent-State draws the attention of the Court towards para-19 of the counter-affidavit filed on 22.08.2017 by the respondent No. 3, which is reproduced herein below:-
3"19. .............. it is stated that since the scale of 4500-7000 has not been mentioned in the Resolution No. 660/ Finance dated 28.02.2009 and therefore the petitioner is not entitled for the same and therefore the Director, RINPAS requested to Director-in-Chief, Health Services, Govt. of Jharkhand vide memo no. 967 dated 04.04.2017 to sanction the scale sanctioned by the Department of Finance, Govt. of Jharkhand for the Data Entry Operator."
Mr. Roy further draws the attention of the Court towards para-7 of the counter-affidavit dated 22.08.2017 and submits that from kind perusal of Annexure-B, it shall appear that in the Resolution dated 28.02.2009 only pay- scale of Rs.4000-6000 has been prescribed for Data Entry Operator and hence, the Finance Department had requested to conduct an enquiry as to how appointment was made in the pay-scale of Rs.4500-7000.
6. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered opinion that till date no decision has been taken regarding the benefits of MACP and also whether petitioner is entitled for the pay-scale of Rs.4500-7000 or Rs.4000-6000. However, request has been made by the Finance Department for conducting an enquiry as to how the pay- scale of Rs.4500-7000 was given to the petitioner.
7. I have gone through the averments made in the writ petition as well as in the counter-affidavit. On perusal of the records and para-5 of the supplementary counter-affidavit dated 13.11.2017, filed by the respondent No. 4, it transpires that the Health Department vide its letter dated 15.05.2004 has approved the New Staffing Pattern of RINPAS in which the pay-scale of Data Entry Operator is mentioned as Rs.4500-125-7000. The said pay-scale finds approval from the Health Department. When the petitioner was appointed in the pay-scale of Rs.4500-7000 in the year 2005, no objection was ever raised by the Finance Department or by the State Govt. Further, the enquiry made by the Director, RINPAS clarifies that the petitioner is entitled for the pay-scale of Rs.4500-7000 in view of New Staffing Pattern. The respondent-State including the Finance Department has nowhere mentioned that pay-scale by way of New Staffing Pattern adopted by the RINPAS has ever been set aside or not considered by the respondent-State, whereas, on the other hand, it has been specifically mentioned that the New Staffing Pattern finds approval from the Health Department. The Finance Department and Health Department are part and parcel of the State and as such, two different stands cannot be taken by the aforesaid two Departments. A uniform stand has to be taken by the State of Jharkhand. The 4 appointment of the petitioner was made in the year 2005 by the RINPAS in which the appointment letter itself clarifies that the appointment was made in the pay- scale of Rs.4500-7000. The competent authority i.e. the Director, RINPAS also clarifies his stand stating therein that there is no illegality or any infirmity in appointment of the petitioner in the pay-scale of Rs.4500-7000. When the appointment has been made in the pay-scale of Rs.4500-7000, petitioner is entitled for the benefits of MACP on the basis of pay-scale. However, since no decision has been taken in this regard, the respondent-State is directed to take a decision as to whether the petitioner is entitled for the benefits of MACP on the basis of pay-scale of Rs.4500-7000, within a period of six weeks from the date of receipt/ production of a copy of this order.
8. Needless to say that if the petitioner is found entitled for the benefits, as claimed by him, the same shall be extended to him within a further period of three weeks and in alternative, if any adverse decision is taken, in accordance with law, the same shall also be communicated to him stating the reasons, within a further period of two weeks from the date of decision.
9. With the aforesaid observations and directions, the writ petition stands disposed of.
(Dr. S.N. Pathak, J.) Kunal/-