SACHIDA NAND PRASAD SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner retired as a Senior Accounts Clerk on 31.03.2008 while working at Kharkai Canal Division, Subarnarekha Project, Adityapur, Saraikela -Kharsawan.

(3.) THE petitioner, being aggrieved by communication dated 07.05.2008 issued by the respondent No. 5, Executive Engineer, Kharkai Canal Division, Swarnrekha Project, Adiyapur, Saraikela -Kharsawan re -fixing his pay scale, approached this Court in W.P.(S) No. 6536 of 2012 in which the petitioner made a prayer for re -fixing of his pay scale w.e.f. 01.01.2006 as per the 6th Pay Commission's Recommendation and to grant the benefit of 1st and 2nd A.C.P. with further direction to pay the arrears of salary and pension to the petitioner. The writ petition was disposed of by directing the petitioner to prefer a detailed representation before the respondent No. 2, the Commissioner -cum -Secretary, Water Resources Department, Ranchi, who, in turn, was directed to take an appropriate decision in the matter and if any amount was found due, it was directed that the same should be paid within a period of 30 days and it would also carry interest. Thereafter reasoned order was passed by the Principal Secretary, Water Resources Department, Ranchi, which is at Annexure -9 dated 15.03.2013 under which increments granted to the petitioner w.e.f. 01.01.1996 have been cancelled. It has been further directed in the said order that after computation of the revised pay scale of the petitioner under the 6th Pay Revision, admissible benefit of revised pension, leave encashment and gratuity amount should be paid to him. The interest claimed by the petitioner has been denied by the respondents. The petitioner is aggrieved by part of the order by which increments made in his favour w.e.f. 01.01.1996 have been cancelled. The reasoned order has been passed by referring to the Finance Department Resolution dated 14.08.2002 under which A.C.P. can be granted upon passing of the departmental exam and under other Rules upon fulfilling other prescribed criteria. He has also referred to the Finance Department Resolution No. 660 dated 08.02.1999 under which as per para -36 thereof scale of Rs. 4500 -7000/ - is fixed for Accounts Clerk while scale of Rs. 4000 -6000/ - is prescribed for Junior Accounts Clerk. The Junior Accounts Clerk is required to pass the Accounts Exam for availing any increments in pay/financial up -gradation or promotion. As per Annexure -9 passed by the respondent No. 2 the Principal Secretary, Water Resources Department, Ranchi, the petitioner did not pass the departmental accounts exam and therefore, he was not entitled for any financial up -gradation. It also held that the petitioner was entitled to the scale of Rs. 4500 -7000/ - w.e.f. 01.01.1996, but since he has not passed the accounts exam, A.C.P. would not be payable to him. In the aforesaid background and reasons, however, the increments paid to the petitioner w.e.f. 01.01.1996 have been cancelled. The petitioner has referred Annexure -1 order dated 30.05.2005 issued by the respondent No. 5, Executive Engineer, Kharkai Canal Division, Swarnrekha Project, Adiyapur, Saraikela -Kharsawan under which revised scale of the petitioner was fixed at Rs. 4500 -7000/ - and he was also allowed stagnation allowance/increment which led to payment of basic pay of Rs. 7125/ - per month to the petitioner which he has availed till his retirement.