SURENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Though the petitioner has approached this Court with multiple prayers, but during course of hearing, learned counsel for the petitioner confines his argument only on the point that the petitioner should get the difference of salary for the period from 31/12/2013 to 5/2/2015 when he was working as in-charge Deputy Director (Drugs), Drugs Control Directorate, Ranchi (minus the benefits accrued on grant of 2nd MACP with effect from 20/5/2014) and from 5/2/2015 till his superannuation on 30/9/2021 when he was working as In-charge Joint Director, Drugs Control Directorate, Ranchi, as also the consequential pensionery benefits.

(3.) Brief facts of the case are that the petitioner was appointed as Drug Inspector on 19/5/1994. As per Jharkhand State Drug Control Service (Appointment and Service Condition) Rules, 2011, the Kalawadi for promotion to the next higher post in the cadre of the Drug Inspector was stipulated as five years for each post. However, the Government by Resolution contained in Memo No. 10483(3) dtd. 24/10/2014, relaxed the said Kalawadi to one year, provided the concern employee has completed 20 years of service and further if posts are vacant, the compulsion to continue working in the present held post for at least one year for promotion is not required and now it will be mandatory to take charge of each level of promotion and only after taking charge, promotion to the next level will be given. Thereafter, instead of granting promotion on regular basis, the petitioner was posted as In-charge Deputy Director (Drugs), Drugs Control Directorate, Ranchi by Notification No. 141(16) dtd. 31/12/2013 and subsequently by Notification No. 11(16) dtd. 5/2/2015 as Joint Director (Drugs), Durgs Control Directorate, Ranchi. However, during his posting as Joint Director, the petitioner was granted the benefit of 2nd MACP with effect from 20/5/2014 in the pay scale of Rs.15,600.0039,100/- Pay band-III, Grade Pay 7600, which is equivalent to pay scale of Deputy Director, by Notification No. 34(16) dtd. 7/4/2016.