SRI SURAJ NARAYAN LALA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner being not satisfied with pay fixation made and communicated vide letter No. 576 dated 28th July, 1997 issued by the Deputy Commissioner, Dhanbad, has challenged it.

(2.) ACCORDING to petitioner, his pay has not been properly fixed as per statutory rule.

(3.) COUNSEL for the petitioner referred to circular contained in memo No. 3 PRO 2 - 121/72 - 6667 dated 20th July, 1973, wherein stipulation made to give 12% of pay (maximum Rs. 150/ -) for fixation. When it was pointed out that the aforesaid circular for pay fixation was issued after the recommendation of IIIrd Pay Revision Committee, counsel for the petitioner relied on paragraphs 8 and 9 to Finance Departments Resolution No. 3/PAR 01 -3/89 -6021/F (2) dated 18th December, 1989 to suggest that the existing rules/orders enforce regarding fixation of pay on promotion from a lower to a higher post has been allowed to continue to be operative until further orders, except in cases of promotion from a normal replacement scale to a sub -scale of the same level.