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2016 Supreme(Jhk) 564

IN THE HIGH COURT OF JHARKHAND AT RANCHI
H.C. MISHRA, J.
Anand & Ors. - Petitioners
Versus
The State of Jharkhand through the Secretary, Information and Public Relation Department Ors. - Respondents
W.P.(S) No.4542 of 2014
Decided On : 29-06-2016

Advocates Appeared:
For the Petitioners: Mr. Manoj Tondon, Mr. Shiv Shankar Kumar, Mr. Kumari Rashmi, Mr. Navin Kumar Singh.
For the Respondents: Mr. Jai Prakash.

Headnote:Service Law – An impugned order was passed as to not to give benefit of enhanced pay scale to the petitioner as Department of Personnel, Administrative Reforms and Rajbhasha issued state services list which doesn’t include Jharkhand Information Service in its list – But the Jharkhand Information Service Recruitment Rules, 2007 as well as the Finance Secretary stated that the officers belonging to this Jharkhand Information service deserves enhanced pay scale as they fulfill all the required eligibility as well as conditions – Thus, it was held that not issuing the benefit of enhanced pay scale is violative of Articles 14,16,21 of the Constitution and also illegal – As per Article 21 of the Constitution, the petitioners have right to get wages and right to life as well – Thus the impugned order passed was violative of above – said sections and stands to be set aside and quashed – Therefore, directions were issued to give benefit of enhanced pay scale to the petitioners.

ORDER :

Heard learned counsel for the petitioners and learned counsel for the Respondents.

2. The petitioners have filed this writ application with a prayer for quashing the order contained in Annexure-15 to the writ application, bearing Memo No.2652/Vi, dated 24.7.2014, passed by the Secretary, Finance Department, Government of Jharkhand, whereby the claim of the petitioners for giving them the benefit of enhanced pay scale has been rejected. The petitioners have also prayed for a direction upon the respondent authorities to give them the benefit of the enhanced pay scale pursuant to the decision of the State Government in Resolution dated 17.12.2007 as contained in Annexure–4 to the writ application, whereby the benefit of the pay scale of Rs.8,000-13,500/-was given to the officers of the State Services, notionally with effect from 15.11.2000 and actual benefits with effect from 1.3.2007.

3. The petitioners are the Members of the Jharkhand Information Service and now they are governed by Jharkhand Information Service Recruitment Rules, 2007, framed by the State Government, which has been brought on record as Annexure–3 to the writ application. Rule 3 of the said Rules speaks about the formation of the Jharkhand Information Service and it states that it shall be deemed to be the State Service. Rule 5 of the said Rules clearly states that the Officers belonging to the Jharkhand Information Service, shall be the Gazetted Officers.

4. According to the petitioners case, they were initially appointed in the pay scale of Rs.2,200 to 4,000/- (unrevised). Subsequently, the pay scale was enhanced to Rs.6,500-10,500/- with effect from 1.6.1996. It is the case of the petitioners that the Officers of the State Government, in the pay scale of Rs.6,500-10,500/- were placed in the pay scale of Rs.8,000-13,500/- by the State Government, leaving behind the officers of the Jharkhand Information Service. It is further stated that in the 6th Pay Revision, other similarly situated officers in other services belonging to the State Government, were given the grade pay of Rs.5,400/-, whereas the officers of the Jharkhand Information Service were given the grade pay of Rs.4,800/-only.

5. Aggrieved by this anomaly in their pay scale, the petitioners filed a writ application in this Court, which was WP(S) No.7010 of 2012. The said writ petition was disposed of by order dated 12.8.2013, as contained in Annexure-11 to this writ application, asking the petitioners to approach the Principal Secretary, Department of Finance, Ranchi, by way of common representation together with all supporting facts and documents and the Principal Secretary, Finance Department, was directed to consider the case of the petitioners in accordance with law.

6. Pursuant to the said direction, the decision has since been taken by the Secretary, Finance Department as contained in Annexure–15 to the writ application, vide Order No.2652/Vi, dated 24.7.2014, whereby, after discussing the case of the petitioners, the findings have been recorded by the Finance Secretary, inter alia, as follows:-

(i) During the pay revisions in the years 1981, 1986 and 1996, the pay scales of the Officers belonging to the Jharkhand Information Service were at par with officers belonging to the State Administrative Service.

(ii) The officers of the State Information Service also, were fulfilling all the conditions of the resolution No.3589/Vi, dated 17.12.2007 of the State Government (Annexure-4), still they were given the lower grade pay in the 6th pay revision, in as much as, whereas the officers of the State Administrative Service were placed in the grade pay of Rs.5,400/- in Pay Band-II, the officers of the Jharkhand Information Service were placed in the grade pay of Rs.4,800/- only, in the same PB-II, and this was done on the recommendation of the Fitment Committee constituted under the Chairmanship of the Ex Accountant General of Jharkhand.

(iii) The first ladder of the promotion of the officers belonging t


















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