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.

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 Pass or Matric Pass prior to 1994 with Diploma Course of Compounder/Pharmacist pass. It is also stated that the syllabus for appointment on the posts of Compounder and Pharmacist was also identical.

5. The specific case of these review petitioners is that they have been found eligible themselves applied for appointment on the post of Compounder and Pharmacist and on scrutiny admit cards were issued to the petitioners for appearing in the written examination, which was held on 2.12.2018.

6. The review petitioners appeared in the said examination and result was published on 8.2.2019 and the petitioners were declared successful candidates.

7. After publication of the result, the date was fixed for document verification which was scheduled on 14.2.2019. After document verification, final result was published on 16.4.2019 and the petitioners were declared successful.

8. The respondent-Department, Home, Jail and Disaster Management, Government of Jharkhand, Ranchi vide notification as contained in Memo no.4743 dated 4.9.2019 amended Rule 16 (ii) of the Rules, 2016 and reduced the pay scale of Compounder to Rs.5200- 20200/-, Grade Pay Rs.1900/- from the pay scale of Rs.5200-20200/-, Grade Pay Rs.2800/-.

9. On being declared successful and after document verification, the petitioners were appointed on the post Compounder, and they joined on the said post vide office order as contained in Memo no.1229 dated 1.6.2023 issued under the signature of the Inspector General of Prison, Jharkhand, Ranchi, the services of the petitioners were confirmed with effect from 22.10.2021.

10. Being aggrieved with Rule 16(ii) of the Rules, 2016 by which the pay scale of Compounder was reduced to Rs.5200-20200/-, Grade Pay Rs.1900/- from the pay scale of Rs.5200-20200/-, Grade Pay Rs.2800/- a writ petition was preferred by the writ petitioners/review petitioners.

11.Before the writ Court the ground has been taken that the pay scale of Compounder and Pharmacist is same and eligibility criteria, syllabus for the said posts are also identical as also the entire process for appointment on the said posts are also same.

12. Further, at the time of initiation of selection process, the grade pay of compounder was Rs.2800/- and the same was also advertised in the advertisement, but after declaration of final result i.e. on 16.4.2019, the respondent-State of Jharkhand by virtue of amended Rules, 2016 had reduced the pay scale of compounder from Grade Pay Rs.2800/- to Grade pay Rs.1900/- without any lawful reason.

13.Further ground has been taken that Pharmacist and Compounder discharging similar duties are at respective place of postings and for the same nature of work, lower grade pay for the Compounder has been fixed by the respondent-State of Jharkhand, which is arbitrary and violative of fundame