S.N. Pathak, J.

The petitioners have approached this Hon'ble Court with a prayer to grant the upgraded pay scale of Rs. 8,000-13,500 of the existing scale of Rs. 6,500-10,500/- to them which is next higher scale of the post on which they are working, in terms of Government Resolution issued by the Finance Department, Govt. of Jharkhand, vide Memo No. 3594 dated 18.12.2007 regarding providing benefit of Assured Career Progression.

2. The petitioners have been appointed in Subordinate Education Service by the then Government of Bihar in the year 1991 and the petitioner No. 1 is at present working on the post of Block Education Extension Officer, Sonahatu, District Ranchi. The petitioner No.2 is at present working on the post of Block Education Extension Officer, Sisai, Gumla whereas the petitioner No. 3 is at present working on the post of Block Education Extension Officer, Lapung, District-Ranchi.

3. It is specific case of the petitioners that the petitioners belong to Subordinate Education Service and their next post for promotion from Subordinate Education Service is State Education Service Grade-II and minimum qualifying period of service is 8 years and all the petitioners have completed more than 12 years of service in Subordinate Education Service and they are entitled for grant of promotion to State Education Service Class-II. This fact would be evident from Rule 41 of Bihar Education Code. The petitioners have been granted pay scale of Rs. 6,500-10,500/- as per 1st A.C.P. Scheme which is pay scale of the then State Education Service Class-II. As the pay scale of Rs. 6500-10,500/- has been upgraded to the scale of Rs. 8,000-13,500/- as per resolution issued by the Department of Finance, Government of Jharkhand vide resolution contained in Memo No. 3589 dated 17.12.2007 and hence, the petitioners are also entitled to the scale of Rs. 8,000-13,500/-. After cadre bifurcation, 64 posts of Range Education Officer are in the State of Jharkhand which has to be filled up by way of promotion from the incumbents of the Bihar Education Subordinate Education Service.

4. It has also been stated that the petitioners though their association represented before the respondent-authorities for granting pay scale of Rs. 8,000-13,500/- to the petitioners and when nothing was communicated, the petitioners preferred an application under right to information vide letter No. 463 dated 26.2.2010 wherein it was informed that the prayer of the petitioners has been rejected regarding grant of pay scale of Rs. 8,000 to 13,500/- and as such this writ petition has been preferred.

5. Learned Counsel for the petitioners Mr. Delip Jerath assisted by Mr. Saurav Arun strenuously urges that action of the respondent-authorities in not granting upgraded scale of Rs. 8,000-13,500/- to the petitioners is illegal, arbitrary, void and without jurisdiction. The respondents cannot discriminate the petitioners in the matter of granting upgraded scale of Rs. 8,000-13,500/-.

6. It has been further argued that claim for grant of 1st ACP is granted in the scale of next promotion and 2nd ACP in second promotional post and as such the petitioners are entitled to get scale of Rs. 8,000 to 13,500/- which is upgraded scale of Rs. 6,500-10,500/- which is next promotional post of the petitioners.

7. Learned Counsel further submits that the upgraded pay scale of Rs. 6,500-10,500/- is Rs. 8,000-13,500/- which has been done by the resolution of the Finance Department dated 17.12.2007 and as such the petitioners are entitled for upgraded pay scale of Rs. 8,000-13,500/-.

8. Learned Counsel in order to strengthen his argument placed reliance on the order of this Court passed in W.P.(S) No. 6,250/2006 disposed of on 5.12.2006 in which a direction was given to the respondents and the respondents complied the order of the Hon'ble Court vide letter dated 5.4.2008 issued by the Secretary, Govt. of Jharkhand vide office order No. 99 passed in Contempt Case No. 248 of 2007 in view of the