The main legal point established in the judgment is that the power of review can only be exercised if provided under the Statute, and decisions should not be recalled unilaterally and arbitrarily once taken by the State, unless fraud or misrepresentation is detected.

ORDER :

I.A. No. 4099 of 2018

1. The present Interlocutory Application has been filed for condonation of delay of 107 days in filing the instant appeal.

2. Heard learned counsel for the appellants.

3. Having regard to the averments made in this application, we are of the view that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.

4. Accordingly, I.A. No. 4099 of 2018 is allowed and delay of 107 days in preferring the appeal is condoned.

L.P.A. No. 233 of 2018

5. The instant intra-court appeal, under Clause 10 of the Letters Patent, is directed against order dated 18.12.2017 passed by the learned Single Judge of this Court in W.P. (S) No. 6209 of 2012, in which, the petitioner has prayed for grant of pay-scale of Rs. 8000-13,500/- instead of Rs. 6500-10500 w.e.f. 16.03.2000/15.11.2000 and to allow 2nd MACP in the Grade Pay of Rs. 6600 w.e.f. 16.03.2008/01.09.2008 on completion of 20 years of service. The learned Single while disposing of the writ petition along with similarly tagged writ petitions has quashed order dated 22.01.2014 issued by the Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, and held that although order dated 22.01.2014 is not under challenge in this writ petition (WPS No. 6209 of 2012) but fate of other writ petitions in which order dated 22.01.2014 has been quashed shall be guiding factor for this writ petition.

6. Brief facts of the case, as per the pleading made in the writ petition reads as under:

7. The writ petitioner was appointed in the cadre of Bihar Subordinate Agriculture Service, Category-I where he joined on 16.03.1988 on the post of Block Agriculture Officer, Giridih. It is the case of the petitioner that during the entire service period no regular promotion was granted to the petitioner.

8. The Principal Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand in consultation with the Finance Department vide office order dated 20.03.2007 has made promotional hierarchy for the officers of Category 1 to 9 of the Cadre of Subordinate Agriculture Service, according to which 1st and 2nd ACP by way of financial up-gradation was granted in the pay-scales of Rs. 6500-10,500 and Rs. 10,000 to 15,200 respectively.

9. Accordingly, the petitioner was granted 1st financial up-gradation w.e.f. 16.03.2000 in the pay-scale of Rs. 6500-10500 vide order dated 21.07.2008. But, in the meantime, the Govt. of Jharkhand vide resolution dated 17.12.2007 upgraded the pay-scale of Class II gazetted officer of the State Government in the scale of Rs. 8000-13500 in place of 6500-10500 notionally w.e.f. 15.11.2000 and actual benefit w.e.f. 01.03.2007. In the light of aforesaid resolution, prayer has been made by the petitioner that he is entitled for 1st financial up-gradation in the scale of Rs. 8000-13500 w.e.f. 16.03.2000/15.11.2000 and 2nd financial up-gradation in the Grade Pay of Rs. 6600 w.e.f. 16.03.2008/01.09.2008 but the respondents-authorities did not pass any order.

10. Aggrieved thereof, the petitioner approached this Court by filing writ petition by filing W.P. (S) No. 6209 of 2012, which was tagged together with other analogous cases and disposed of vide common order, against which, the instant intra-court appeal has been filed.

11. It is evident from the fact pleaded in batch of writ petitions (WPS No. 889 of 2014 and batch matters) that the Department of Agriculture, Govt. of Bihar, vide Notification dated 22.11.1967 has declared the post of Block Agricultural Officer and equivalent posts as the Gazetted post. It is the specific case of the petitioner that he was appointed following the due process of law under the erstwhile State of Bihar, Department of Agriculture and after creation of the State of Jharkhand, his services was allocated to the State of Jharkhand, where he served.

12. It is the specific case of the petitioner that this Hon’ble Court vide its order dated 11.05.2005 passed in W.P. (S).