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DEEPAK ROSHAN
Ravindra Baraik – Appellant
Versus
State of Jharkhand represented by the Chief Secretary – Respondent
JUDGMENT :
Deepak Roshan, J.
Since all these writ applications involve common issue; as such, all are heard together and are being disposed of by this common order.
2. In all these writ applications, the petitioners have prayed for quashing and setting aside the notice of Director of Agriculture, Government of Jharkhand; whereby the grade pay of village level workers had been reduced from Rs.2,400/-to Rs.2,000/- vide Office Order No.44 dated 12.04.2022 (Letter No.1938) and an order not to recover surplus payment vide Office Order No.55 dated 25.04.2023; was cancelled vide Office order No.57 issued under Memo No.1999 dated 28.04.2023; all of which have been annexed as annexures in respective writ applications.
3. Learned counsels for the respective petitioners have contended that the petitioners have been appointed pursuant to an advertisement; wherein the grade-pay was mentioned as Rs.2400/-. They were also confirmed after about 7 to 8 years in the grade-pay of Rs.2400/-, but all of a sudden in the year 2022, the impugned order has been issued to the effect that their grade pay has wrongly been calculated to Rs.2400/-; rather, it should be Rs.2000/-.
4. Mr. Ajit Kumar, Ld. Sr. counsel s
The court ruled that a vested right to grade-pay cannot be unilaterally altered by the State post-appointment, affirming the principle of protecting established service conditions.
Review jurisdiction is strictly limited to apparent errors in the record or new evidence; acceptance of a reduced pay scale upon appointment restricts subsequent claims for higher pay.
The court established that pay discrepancies between senior and junior employees must be rectified to ensure equitable compensation as per the applicable rules.
The court held that the petitioners could not challenge the reduced pay scale as they accepted it upon joining, and no vested rights existed prior to their appointment.
The modification which subsequently came to be made could not have been made without issuing notice and without notice to the petitioners and without informing the petitioners about the reasons in li....
Group B postal employees entitled to non-functional Grade Pay Rs. 5400/- after 4 years in Rs. 4800/- per 6th CPC Resolution, uniformly applicable.
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