AJIT KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This LPA has been preferred for setting aside the order dated 13.1.2012 passed in W.P. (S) No. 4687/2006 and for seeking a direction commanding the State Government to give the pay scale of Rs. 8000-13500/- to the appellants, which was wrongly fixed as Rs. 6500-10500/- on the recommendation of Fitment Committee, with effect from 1.1.1996 and the actual benefit from 1.4.1997. The appellants are the Members of the Jharkhand Health Service and were allowed Class - 1 Central Pay Scale of Rs. 2200-4000/- in the basic/entry grade. Vide resolution dated 2.1.1998, the State Government decided to pay central pay scale along with central service conditions to its employees and therefore, constituted the Fitment Committee to submits its recommendation on the revised pay scale for its employees with effect from 1.1.1996. The Government of Bihar, vide resolution dated 8.2.1999, had accepted the recommendation of the Fitment Committee on revised pay scale for its employees with effect from 1.1.1996 with actual payment in the revised scale with effect from 1.4.1997 and the Government had accepted the revised pay scale of Rs. 6500-10500/- for the basic/entry grade of various State services including the State Health Services.

(2.) The grievance of the appellants is that fixing the pay scale of Rs. 6500-10500/- was contrary to the recommendation of 5th CPC, which recommended for grant of higher scale of pay of Rs. 8000-13500/- to the Medical Officers of the Central Services. The appellants represented before the concerned authorities to remove the anomalies regarding the wrong fixation of pay scale in the basic/entry grade of Rs. 6500-10500/- to the proper and appropriate pay scale of Rs. 8000-13500/-. During the pendency of the writ petition, the Department of Finance, Government of Jharkhand, issued resolution No. 3589 dated 17.12.2007, in which it has been decided to provide pay scale of Rs. 8000-13500/- in the basic/entry grade which will be effective from 15.11.2000 and with actual benefit from 1.3.2007. The Government of Jharkhand issued the resolution No. 2464 dated 28.11.2011, by which it was decided to give Dynamic Assured Career Progression Scheme to the Members of non-teaching cadre with effect from 5.4.2002 but the benefit has been given on notional basis and financial benefits were not allowed to the Doctors.

(3.) The appellants had filed W.P. (S) No. 4687/2006 seeking for a direction to the respondents to give pay scale of Rs. 8000-13500/- with effect from 1.1.1996 and the actual benefit from 1.4.1997, pointing out that Fitment Committee had given its recommendation after hearing all the Associations of the affected employees including that of the appellants and that the appellants had not challenged the findings of the Fitment Committee. The learned Single Judge dismissed the writ petition by the order dated 13.1.2012, which is under challenge in this appeal.