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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Md. Faiyaz Ahmad son of Md. Ishhaque Ansari – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. jurisdiction under article 226 for review petition. (Para 1 , 2) |
| 2. facts surrounding the pay scale for compounder and pharmacist posts. (Para 3 , 4 , 5 , 6 , 7 , 10 , 11) |
| 3. amendment of pay scale rules and its implications. (Para 8 , 9 , 12 , 13 , 14) |
| 4. respondent’s contention regarding petitioners' acceptance of reduced pay scale. (Para 15 , 16 , 17) |
| 5. claim for pay scale increased based on redesignation as pharmacist. (Para 19 , 20 , 21 , 22 , 23) |
| 6. review petition challenging retrospective application of amended rules. (Para 30 , 31 , 34 , 35 , 36) |
| 7. legal principles regarding grounds for review applications. (Para 37 , 38 , 39 , 40) |
| 8. assessment of vested rights in relation to amended rules. (Para 49 , 60 , 61 , 62) |
| 9. dismissal of review petition based on acceptance of reduced pay scale. (Para 71 , 72) |
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 p
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 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 power of review is limited to correcting patent errors, not re-evaluating merits; mere recommendations do not confer enforceable rights.
Review jurisdiction is limited to correcting errors apparent on the record and does not allow for re-examination of the merits of a case.
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.
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 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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