The court upheld the entitlement of Mining Inspectors for Assured Career Progression benefits, emphasizing that arbitrary changes in pay scales were illegal and lacked justification.

JUDGMENT :

ANANDA SEN, J.

By way of filing this writ petition, the petitioners have prayed for the following reliefs: -

i) For issuance of a writ(s)/ direction(s)/order(s) in the nature of mandamus upon the respondent authorities for quashing the office order as contained in letter No. 1665, (Annexure- 13) dated- 07.09.2016 issued by the Department of Industry, Mines and Geology, Government of Jharkhand.

ii) And for issuance of a writ(s)/direction(s)/order(s) in the nature of mandamus upon the respondent authorities for the grant of 1^st & 2^nd A.C.P. as has been granted to the Junior Engineers of Jharkhand by the Department of Finance, Government of Jharkhand as contained in the resolution memo No. 2422/F, dated 13.10.2005 and memo No.1746/F, dated-12.08.2011.

AND/OR

iii) For issuance of a writ(s)/direction(s)/order(s) in the nature of mandamus upon the respondent authorities for the grant of M.A.C.P. which is in force from dated 01.09.2008.

And/Or

iv) For issuance of a writ(s)/direction(s)/order(s) in the nature of mandamus upon the respondent authorities to release necessary fund required to pay the arrears naturally occurred after the grant/payment of bona fide 1^st and 2^nd A.C.P. & M.A.C.P.

2. The petitioners are Mining Inspectors and benefit of ACP provided to them after 12 years of service has been diminished. Three resolutions were issued by department of finance relating to rules and guidelines for up- gradation of pay scale in A.C.P Scheme. Some paragraphs of the resolutions were repealed through office order No. 1665 dated 07.09.2016 while the rest paragraphs states that up-gradation should be given to the next existing higher promotional post of cadre without creating new posts for the purpose. Hon’ble Patna High Court with regard to Junior Engineers held that their pay scale should be according to their promotional post, i.e, first promotional post of Assistant Engineer and second promotional post of Executive Engineer. According to the Mining Inspectors, their pay scale of first A.C.P was diminished from Rs. 6500-10500 to Rs. 5500- 9000 and pay scale of second A.C.P was diminished from Rs.10000-15200 to Rs. 6500- 10500.

3. Learned counsel appearing for the petitioners argued that although Mines Inspectors and Junior Engineers have different roles, both belong to the "Subordinate Engineering Service" cadre under the Jharkhand Subordinate Engineering Service Rules, 2010. He further contended that Mining Inspector’s co-appointed colleagues in Bihar belonging to the same cadre have been granted the first ACP pay scale of Rs. 6500–10500 and the second ACP of Rs. 10000–15200, as per an office order from the Bihar Mines and Geology Department. He further argued that the mining Inspectors in Jharkhand are also legally entitled to the same ACP pay scales under Rule 73 of the Bihar Reorganization Act, 2000. Unfortunately they are deprived of these benefits, which goes against the Act. He furthers submits that the petitioners are legally entitled and eligible to get the first A.C.P. pay scale of their promotional post of Assistant Mining Officer i.e. Rs. 8000-13500 and second A.C.P. pay scale of next promotional post of District Mining Officer i.e. Rs. 10000-15200.

4. Learned counsel appearing for the respondents contended that the order in question is based on clear reasoning. It explains that financial upgrades under the ACP/MACP schemes are allowed in the next higher pay scale when there is no clear promotion path or only a portion of posts are marked for promotion. He further submits that before 2011, there were no service rules