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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Ajit Kumar, S/o. Dr. Shreenath Sinha – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. pay fixation recommendation acceptance (Para 2 , 3) |
| 2. implementation discrepancies in pay scale (Para 4 , 5 , 6) |
| 3. counterarguments regarding dacp application (Para 7 , 9 , 10) |
| 4. consideration for committee review (Para 8 , 11 , 12) |
ORDER :
DEEPAK ROSHAN, J.
The instant amended writ application has been preferred by the petitioners for the following reliefs:-
“2(a). To issue appropriate writ/writs, order/orders, direction/directions commanding upon the respondents to fix the pay scale of the petitioners in Pay Band 3 along with Grade Pay of Rs.5400 in entry grade as recommended by the State Fitment Committee vide its report dated 15.12.2008, which has been duly accepted by the respondent state vide Resolution dated 28.02.2009.
b. For issuance of appropriate writ/writs, order/orders, direction/directions commanding upon the respondents to grant benefits of the Dynamic Assured Career Progression (DACP) to the petitioners as has been recommended by the State Fitment Committee vide its report dated 15.12.2008 which has been duly accepted by the respondent State vide Resolution dated 28.02.2009.
c."For issuance of appropriate writ/writs, order/orders, direction/directions p
The court mandated that grievances regarding doctors' pay scales be reviewed by the High Level Pay Anomaly Removal Committee, emphasizing adherence to Fitment Committee recommendations.
The decisions of expert bodies like the Pay Commission in the matter of pay-scale fixation are not ordinarily subject to judicial review.
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.
State's selective deviation from followed pay pattern without objective justification, failing to reflect grade pay enhancement in basic pay and initial start, creates anomaly violating Articles 14 a....
The court established that employees in isolated posts are entitled to higher pay scales as per government circulars, and that prior judgments serve as binding precedents in similar cases.
The court held that Diploma holders must receive a higher pay scale of Rs.1450-3710/- regardless of their appointment date, reinforcing equal pay for equal work and correcting historical administrati....
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