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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Pradeep Kumar Srivastava
Md. Faiyaz Ahmad – Appellant
Versus
State of Jharkhand, through the Chief Secretary – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer
1. The jurisdiction conferred to this Court under Article 226 of the Constitution of India has been invoked for review of the order dated 15.07.2024 passed in W.P(S) No.7247 of 2023, by which the prayer made on behalf of the petitioners to place them in the pay scale of Rs.5200-20200/- in Grade Pay of Rs. 2800/- from the pay scale of Rs. 5200-20200/- in Grade Pay Rs.1900/- has been held not sustainable in the eyes of law.
Factual Matrix of the Case:
2. The brief facts of the case as pleaded in the instant review petition needs to refer herein which is being referred herein as under:
3. The petitioners averred that an advertisement being Advertisement no.01 of 2018 was published by the Jharkhand Staff Selection Commission inviting applications from eligible candidates for appointment on the post of various posts including Compounder and Pharmacist. As per the said advertisement, the pay scale of Compounder and Pharmacist was shown Rs.5200-20200/-, Grade Pay Rs.2800/- (Rs.29200-66600/-).
4. As per the said advertisement, essential qualification for the posts of Compounder and Pharmacist was Intermediate/10+2 (Science subject) with Diploma Course Pa
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.
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 power of review is limited to correcting patent errors, not re-evaluating merits; mere recommendations do not confer enforceable rights.
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 limited to correcting errors apparent on the record and does not allow for re-examination of the merits of a case.
Tribunal cannot grant higher promotional pay scale to one cadre's employees matching another distinct cadre's juniors by one-time parity, as it exceeds jurisdiction absent Article 14 violation from r....
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
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