GUNANAND JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the notification No. 2017 dated 29th August, 2002 (Sl. No. 1) whereby and whereunder respondent No. 5 Shri Satyendra Narayan Singh has been posted as Soil Conservation Officer, Lohardagga.

(2.) According to petitioner Gunanand Jha, he is holding substantive post of Assistant Soil Conservation Officer, Kisko, Lohardagga and was holding additional charge of the post of Soil Conservation Officer, Lohardagga. It is alleged that respondent No. 5 is junior to him, who has now been given charge of the higher post of Soil Conservation Officer, Lohardagga and thereby the junior will control the petitioner. The respondent No. 5 as also the State have disputed the petitioner's claim that he is senior to respondent No. 5.

(3.) It appears that the petitioner was an Agricultural Inspector in the scale of Rs. 2000-3800. Subsequently the State of Bihar upgraded the post by merging the same with the Bihar Agricultural Service Class-II and provided with the class-II scale of Rs. 2200-4000. Thereafter, disputes arose relating to upgradation of Agricultural Inspector and merging it in the Bihar Agricultural Service Class-II. According to petitioner, the matter moved up to the Supreme Court wherein a group of 1423 Agricultural Inspectors/Officers who were upgraded and merged in the Bihar Agricultural Service Class-II their pay in the scale of Rs. 2200- 4000 was protected. Subsequently at the time of grant of replaced pay scale the other Bihar Agricultural Service Class-II Officers have been provided with the revised scale of Rs. 6500-10500 but in respect to 1423 Officers revised pay scale of Rs. 5000-8000 was provided. In that background again the writ petitions have been preferred by petitioner and others wherein certain orders were passed and LPA No. 166/97 is pending before the Patna High Court.