SANJAY KUMAR UPADHYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Arising out of the judgement dtd. 30/3/2022 passed in LPA No. 269 of 2012 wherein the judgement dtd. 14/12/2011 of the learned Single Judge in W.P. (S) No. 5743 of 2005 was set-aside by Division Bench of the High Court of Jharkhand at Ranchi, the present appeal has been preferred by the Employee. The dispute between the parties herein relates to grant of higher pay scale to the Employee after removal of anomalies in pay scale, on parity with other similarly situated persons who have been already granted the said benefit by the Respondent - Employer.

(2.) The learned Single Judge relying upon judgement of High Court of Patna in Nagendra Sahani v. State of Bihar[CWJC No. 8419 of 1992] and Alakh Kumar Sinha v. State of Bihar[CWJC No. 12301 of 2004], in the Writ Petition had directed the Respondent - Employer to revise the pay scale of the Employee with effect from the date of his appointment in the pay scale of Rs.1600.00 2780 along with other consequential benefits, i.e., arrears of salary etc. On filing a Letters Patent Appeal by the Respondent - Employer, it came to be allowed by the impugned order, setting aside the directions of the learned Single Judge, hence, the present appeal.

(3.) Shorn of unnecessary details, the present appeal arises out of the recruitment process initiated by the State of Bihar for filling up Graduate-level Non-gazetted Class-III vacancies of sixteen posts in various departments, including the post of Industries Extension Officer (hereinafter 'IEO'), by way of common competitive examination conducted by the Bihar State Subordinate Services Selection Board in the year 1981. The Appellant participated in the said process, was duly selected, and came to be appointed as IEO by order dtd. 27/5/1992, in the pay scale of Rs.1400.002600.