PARMANAND SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) On 14/9/2021, the following order was passed:-

(3.) It is submitted on behalf of the respondent in terms of Annexure-B item no. 59 read with 60 even work charge employees were extended benefit of time bound advancement and ACP and they were also extended particular pay-scale. The appellant has been extended promotion to the post of Senior Mechanic Grade-II with effect from 1/4/1981 in the absence of method of recruitment to the post of Senior Mechanic Grade-II and so also in the absence of any criteria as to how to fill up the post of Senior Mechanic Grade-II. It is astonished to know that in the service jurisprudence work charge employee is entitled to particular pay-scale, time bound advancement and ACP. Further, root of the matter is that how to fill up the post of Senior Mechanic Grade-II is not forthcoming. On the other hand, the post of Senior Mechanic Grade-II has been dumped in the list of work charge employee. In the service jurisprudence work charge employee is entitled to only consolidated pay whereas State Government has extended initially consolidated pay and thereafter particular pay-scale has been extended even the norms of pay-scale is not forthcoming. Further, criteria like work charge employee who has fulfilled certain number of years of service he is entitled to particular pay-scale. No such criteria has been laid down by the Government. In other words, in whims and fancy the orders are being passed in respect of extending various service benefits to such of those work charge employee unless and until particular creation of post under Article 309 or 166 of the Constitution. Further, service condition of a particular post like Senior Mechanic Grade-II is not issued under Article 309 or 166 of the Constitution.