AMOL CHANDRA THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. The grievance of the petitioner was in relation to fixation of his pay scale on the basis of 5th Pay Revision effective from 01st January 1996 which have not been done in the correct scale of pay of Rs. 6,500-10,500 by the respondent State authorities. The petitioner is said to have retired on 31st August 2004 while working on the Grade-III post of Assistant in Godda College, Godda where he had joined in August 1962 itself.

(2.) It is the contention of the petitioner that the pay scale was fixed under 4th Pay Revision and availed by the petitioner in the scale of Rs. 1,640-2,900, as per Annexure-2 which is reduced in exercise of pay fixation by the respondent State authorities while implementing the 5th Pay Revision in respect of University and College in question by making it to Rs. 1,400-2,300. As a result of such incorrect fixation of pay scale vide Annexure-1 by the respondent State, new revisional scale has also been incorrectly fixed at Rs. 4,500-7,000 which needs to be corrected. In the aforesaid background, respondent authorities were specifically asked on earlier date to come out with their considered response.

(3.) The respondent State has filed supplementary counter affidavit and the University has also filed counter affidavit. From the averments made in the respective counter affidavits of the respondents, it appears that the respondent State as also the University have taken a stand that the petitioner's pay fixed by the University in the scale of Rs. 1,640-2,900 under the 4th Pay Revision effective from 01st January 1986 was itself wrongly done and had never been approved by the respondent State authorities i.e. Directorate of Higher Education, Government of Jharkhand. The matter relating to Fixation of pay under the 5th Pay Revision was placed before the Directorate of Higher Education, Government of Jharkhand and the Ministry of Human Resources Development Department with a recommendation of the University that he should be entitled to the scale of Rs. 5,500-9,000. In an exercise conducted in May 2010 vide Annexure-1, State has taken a stand that the earlier pay fixation at Rs. 1,640-2,900 was not approved and the petitioner ought to have been in the scale of Rs. 1,400-2,300, the corresponding revised scale of pay of Rs. 4,500-7,000 only, but instead, the petitioner is claiming pay scale of Rs. 6,500-10,500.