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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Murari Bhagat - Petitioner
Versus
The State of Jharkhand, through the Chief Secretary, Government of Jharkhand and Ors. - Respondents
W.P.(S) No. 4108 of 2023
Decided On : 17-05-2024
[PAYMENT] - [Government Employee Entitlement] - [Jharkhand Service Code: Rule 58(a), Rule 89, Rule 103(a), Rule 103(b), Rule 14] - [The court interpreted the Jharkhand Service Code, emphasizing that government employees are entitled to pay and allowances for higher posts they have officiated, regardless of whether the appointment was temporary. The court found that the petitioner had discharged full duties of the higher posts and ruled that departmental memos could not override the substantive provisions of the Code. This interpretation directly influenced the court's decision to grant the petitioner the pay and allowances he claimed.]
Fact of the Case:
The petitioner, a government employee, claimed pay and allowances for the higher posts of Superintending Engineer and Chief Engineer, which he had officiated from 2002 to 2018. His claims were rejected by the Road Construction Department, leading to this writ application.
Finding of the Court:
The court found that the petitioner was entitled to the pay and allowances for the higher posts he had discharged duties for, as per the provisions of the Jharkhand Service Code. The court quashed the previous orders rejecting his claims, stating that the petitioner had fulfilled the responsibilities of the higher posts.
Issues: Whether the petitioner is entitled to payment of pay and allowances for the higher posts he officiated, and whether the challenge to the order rejecting his claims was barred by delay.
Ratio Decidendi: The court held that the provisions of the Jharkhand Service Code clearly entitle a government servant to pay and allowances for higher posts they have officiated, regardless of the temporary nature of the appointment. The court emphasized that departmental memos cannot override the substantive provisions of the Code.
Final Decision: The writ application was allowed, the impugned orders were quashed, and the respondents were directed to calculate and pay the difference in pay and allowances to the petitioner within four months.
JUDGMENT :
DEEPAK ROSHAN, J.
Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for the following reliefs:
(i) Pay and allowance for the duty post of Superintending Engineer from 2.8.2002 to 19.7.2007 excluding the pay and allowance already paid for the duty post of Executive Engineer;
(ii) Pay and allowance for the duty post of Chief Engineer from 20.7.2007 to 23.12.2018 excluding the pay and allowance already paid to the petitioner for the duty post of Executive Engineer from 20.7.2007 to 7.7.2014 and for the duty post of Superintending Engineer from 8.7.2014 to 23.12.2018.
b) For holding and declaring that the claims of the petitioner for payment of pay and allowance for the posts of Superintending Engineer and/or Chief Engineer from 2.8.2002 onwards was wrongly and illegally rejected by the Road Construction Department, Govt. of Jharkhand, Ranchi vide Reasoned Order bearing memo No. 7173(S) dated 15.10.2015 (Annexure-20) passed in purported compliance of order dated 22.7.2015 passed by the Hon'ble Court in W.P.(S) No. 415 of 2015 (Annexure-19) filed by the petitioner and accordingly for issuance of Writ in the nature of Certiorari/ order/ direction quashing and setting aside the said memo No. 7173(S) dated 15.10.2015 (Annexure- 20 pg. 159-161).
c) For holding and declaring that the claim of the petitioner for reconsideration of the above impugned Order bearing memo No. 7173(S) dated 15.10.2015 was wrongly and illegally rejected by letter No. 896(S) dated 22.2.2023 (Annexure-25) of the Road Construction Department, Govt. of Jharkhand, Ranchi and accordingly for issuance of Writ in the nature of Certiorari/ order/ direction quashing and setting aside the said Letter No. 896(S) dated 22.2.2023 (Annexure-25).
d) For issuance of a Writ in the nature of Mandamus/ order/ direction to the respondents to regularise the period of service of the petitioner from 31.8.2015 to 31.3.2016 alongwith pay and allowances being a period during which the petitioner was in effect kept under compulsory waiting in Road Construction Department for posting and also to regularise the period of service of the petitioner from 1.4.2016 to 4.4.2018 alongwith pay and allowances being the period for which the petitioner was posted on non-existing post of Chief Engineer, Ranchi Jal Parishad, Ranchi.
e) For issuance of a Writ in the nature of Mandamus directing the respondents to pay the above said pay and allowances to the petitioner with interest at the prime lending rate of State Bank of India from the due dates till the date of their payment.
3. The brief fact of the case is that the Petitioner was recruited as Assistant Engineer in the Road Construction Department, Government of Bihar and was promoted to the post of Executive Engineer w.e.f. 15.06.1995 vide notification dated 27.08.1996. Upon bifurcation of the State, the service of the petitioner was allotted to State of Jharkhand.
Vide Notification dated 16.02.2002 of Road Construction Division, Jharkhand, the service of the petitioner was made available to the Building Construction Department, Jharkhand (in short BCD) on the post of Superintending Engineer in his own pay scale. Further, vide Notification dated 17.07.2007 of the BCD, the petitioner was also given the additional charge of Chief Engineer, BCD (next higher post) in his own pay scale. He discharged duties and
Government employees are entitled to pay and allowances for higher posts they have officiated, as per the Jharkhand Service Code, and departmental memos cannot negate this entitlement.
An employee discharging duties of a higher post is entitled to pay and allowances for that position, regardless of the absence of formal promotion orders. Delay in processing claims does not nullify ....
Retired employees in in-charge positions are entitled to regularization and benefits as per their service status at retirement.
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