JITENDRA PRASAD SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner submitted that the petitioner was initially appointed as Class IV employee. It is further submitted that there are three sources for appointment/promotion to Class III posts; 1st is direct recruitment; 2nd is by seniority and 3rd is that 50% Class III posts will be filled up by taking examination from amongst the candidates, who are already working as Class IV employees. The petitioner, who was Class IV employee, had appeared in the limited competitive examination, which took place in the year, 1992 and thereafter, he was selected in the year, 1995. But, at the relevant time Class 111 post was to be filled up by the examination, conducted by the Bihar Public Service Commission and, therefore, the petitioner could not be appointed. Thereafter, similarly situated other employees preferred writ petition bearing C.W.J.C. No. 12258 of 1995 before Hon'ble Patna High Court, which was decided in their favour vide order dated 13th February, 1997 and they were appointed. It is further submitted by the learned counsel for the petitioner that the petitioner also preferred a writ petition bearing C.W.J.C. No. 4487 of 1998 before Hon'ble Patna High Court and Hon'ble Patna High Court passed an order dated 27th November. 1999 in favour of the present petitioner. Thereafter, the State of Jharkhand was bifurcated by virtue of Bihar Re-organization Act, 2000 with effect from 15th November. 2000 and ultimately, the petitioner was given promotion to Class III post by the State of Jharkhand. Though the others, who were appointed/promoted to Class III posts, were given the pay scale of Rs. 1200-1800/-, which is equivalent to Rs. 4000-6000/- but the petitioner has been given the pay scale of Rs. 3050-4590/- and hence the instant writ petition. Learned counsel for counsel for the respondent-State submitted that the pay scale, which is not in existence, cannot be granted by this Court Learned counsel for the respondents while relying upon Annexure D to the counter affidavit, submitted that in the State of Jharkhand Class III posts are now divided into two Class; one is Lower Division Clerk and another is Upper Division Clerk. The pay scale of Lower Division Clerk is Rs. 3050-4590 whereas the pay scale of Upper Division Clerk is Rs. 4000-6000/-. The petitioner having been absorbed in the year, 2005 has been given the pay scale of Lower Division Clerk whereas the petitioner is seeking directly the payment of Upper Division Clerk. It is further submitted by the learned counsel for the respondent-State that the post of Upper Division Clerk, as per the circular issued by the State, which is at Annexure D to the counter affidavit, is a promotional post and recruitment will be made initially to the post of Lower Division Clerk. Thus, the petitioner cannot be directly appointed as a Upper Division Clerk and, therefore, consequently cannot be given the higher pay scale of Rs. 4000-6000/-. The petitioner has already been appointed as a Lower Division Clerk and has already been given the pay scale of Rs. 3050-4590/- and, therefore, this writ petition deserves to be dismissed.

(2.) Having heard learned counsel both the parties, I see no reason to entertain this writ petition for the following facts and reasons: