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2021 Supreme(Jhk) 935

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Roshan, J.
Niranjan Kumar - Appellant
Vs.
State Of Jharkhand - Respondent
W.P. (S) No. 6404 of 2014, 6406 of 2014, 6435 of 2014, 6490 of 2014, 6503 of 2014
Decided On : 25-03-2021

Advocates Appeared:
A.K. Das, Rahul Kamlesh, S. Srivastava, Advocate

Headnote:

Constitution of India, 1950 - Articles 38, 39, 39A, 43 and 46 – Service matter - Post of Personal Assistant - Appointment letters – Grant of Pay scale - All these petitioners participated in selection process pursuant to said advertisement and were declared successful. Further appears that Registrar Establishment, Jharkhand High Court wrote a letter to Member Secretary sending list of 3 selected candidates for appointment as Personal Assistant and also requested to issue appointment letters to all selected candidates including these petitioners within three days from the date of receipt of letter. Pursuant thereto; Member Secretary, JHALSA issued appointment letters to petitioners as Personal Assistant under JHALSA in pay scale - Held, If State is giving some economic benefits to one class while denying same to other then onus of justifying same lies on State specially in circumstances when both classes or group of persons were treated as same in past by State. Since these petitioners have been duly selected pursuant to same advertisement issued by High Court and at time of appointment, pay-scale of petitioners was at par with their counterparts who were appointed at High Court and Secretariat, there is no justification in denying them same benefits - Since there was shortage of PAs in Joint Secretariat Cadre and requested for either deputing said employees from High Court pool or making appointments at their level - These petitioners are entitled for pay-scale (notionally) and for monetary benefit - Writ applications allowed.

JUDGMENT

Deepak Roshan, J. - Heard learned counsel for the parties through V.C.

2. Since common issue is involved in all the aforesaid writ applications, as such all are being heard together and disposed of by this common judgment.

3. The writ applications have been preferred by the petitioners praying therein for following reliefs;

    (I) To grant pay-scale of Rs. 6,500-200-10,500/- to the petitioner w.e.f. 15.09.2006 (notionally) and for monetary benefit w.e.f. 01.03.2007, in view of Memo no. 599/Finance dated 06.03.2007 issued by the Department of Finance, Government of Jharkhand, Ranchi as the same is being paid to the other similarly situated employees like the petitioner in the State Government or appointed before the Hon'ble Jharkhand High Court, Ranchi;

(II) To grant Grade pay of Rs. 4,600/- in view of Memo no. 2954 dated 30th October, 2010 issued by the Finance Department, Government of Jharkhand, Ranchi, w.e.f. 01.01.2006 as the same is being paid to the similarly situated employees appointed and posted at Jharkhand Secretariat or the Hon'ble Jharkhand High Court, Ranchi;

(iii) To grant arrears of the dues along with interest owing to non-payment of pay scale of Rs.6500-200-10500/- w.e.f. 1.3.2007 and also Grade Pay of Rs. 4600/- w.e.f. 01.01.2006 along with interest and all consequential benefits.

And/or

For issuance of any other appropriate writ/order/direction to which petitioner is legally entitled for as pecuniary financial loss is caused to the petitioner.

4. The facts of the case is that on 13.02.2002 the Secretary, Department of Personnel, Administrative Reforms & Rajbhasha, Government of Jharkhand, Ranchi addressed to the Registrar General, Jharkhand High Court, Ranchi on the subject of appointment of Personal Assistants (PAs) in Jharkhand State Legal Services Authority (in short JHALSA) stating therein that there is shortage of PAs in the Joint Secretariat Cadre and appointment of PAs in JHALSA may be considered by way of deputation from the pool of PAs of Jharkhand High Court.

    It further appears that vide letter dated 17.04.2002, the Law Secretary addressed to the Member Secretary, JHALSA annexing the copy of aforesaid letter dated 13.02.2002 addressed to the Registrar General, Jharkhand High Court, Ranchi requesting therein to fill up the post from the cadre of Jharkhand High Court in Class-III and Class-IV post. Thereafter, on 22.02.2002 the Jharkhand High Court issued the advertisement for appointment on the post of Personal Assistant in the pay scale of Rs. 5500-175-9000/-.

All these petitioners participated in the selection process pursuant to the said advertisement and were declared successful. It further appears that on 31.05.2002, the Registrar Establishment, Jharkhand High Court wrote a letter to the Member Secretary, JHALSA sending list of 3 selected candidates for appointment as Personal Assistant and also requested to issue appointment letters to all the selected candidates including these petitioners within three days from the date of receipt of letter. Pursuant thereto; the Member Secretary, JHALSA issued appointment letters to the petitioners as Personal Assistant under JHALSA in the pay scale of Rs. 5,500-175- 9,000/.

It was further stated in the appointment letter that the candidates would be governed by the Jharkhand Service Code and the Rules and Circulars applicable to the State Government employees.

On 19.06.2002, the Member Secretary, JHALSA placed the services of the petitioners to the Jharkhand High Court Legal Services Committee. Since then the petitioners are working as Personal Assistant in Jharkhand High Court Legal Services Committee.

5. It further appears that on 06.03.2007, pursuant to the recommendations made by the Fitment Committee, the Finance Department vide its resolution placed the Assistant of Secretariat Cadre and Personal Assistant of Joint Cadre in the scale of Rs. 6,500-200- 10,500/- w.e.f. 15.09.2006 (notionally) and monetary benefits w.e.f. 01.03.2007.

    On 27.04.2007, the Registr

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