IMPORTANT POINT
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.

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 submits that the action of the State Government is not sustainable in the eye of law. The State is not empowered to change the grade-pay or any service condition. He contended that after the advertisement and subsequent appointments of the petitioners in the grade pay of 2400 cannot be taken away which was also continued for more than a decade.

5. Mr. Rajesh Kumar, learned counsel for the respective petitioner contended that the action of the respondents does not have any legs to stand in the eye of law and is fit to be quashed and set aside

6. Mr. Saurabh Shekhar, learned counsel for the petitioners submits that after the 2011 notification, there was an amendment in 2012 and pursuant thereto; an advertisement was issued wherein there was specific mention of the grade-pay and finally appointment letters were also issued in favour of respective petitioners with the same grade-pay. He further contended that this grade-pay was not a contingent right but it is a vested right.

7. Mr. Sujit Singh, learned counsel for the petitioner submits that the Fitment Committee Report which is being relied upon by the respondents will not be applicable in this case because of the amendment and in the said Circular of 660 itself there is a mention of grade-pay of Rs. 2400/- at the top of the paragraph.

8. In nutshell, learned counsels for the respective petitioners have contended that the action of the respondent in reducing the grade-pay by taking a ground that it was a mistake is Non-Est in the eye of law. Neither they can do so after the appointment as well as confirmation nor; a vested right can be taken away as per the settled rules.

9. In the Circular of 660 also it is mentioned that the candidates will get grade-pay of Rs.2400/-. They have further contended that the reduction of grade-pay will be down-grading of the position what they were called for vide advertisement and with their confirmed in the job. In crux, the act of the respondent-department is a change in service condition which is not permissible in the eye of law.

10. Mr. Indranil Bhaduri, SC-IV and Mrs. Shruti Shrestha, SC (L&C)-II assisted by Mr. Anuj Burman, AC to GA-IV, representing the respondents in the respective cases submits that they have not committed any mistake and they have rectified the grade-pay as per Fitment Committee Report because they have wrongly given grade-pay of Rs.2400/- to the petitioners. He draws attention of this Court towards the Fitment Committee Report wherein at para 35.13, it is clearly mentioned that the pay-scale of Rs.4000-6000 for the serving Village Level Workers.

Learned counsel for the State respondents contended that the said paragraph clearly recommends that in future new appointments will be made in the pay-scale of Rs.3200-4900. He further refers to the Circular