BIPIN BIHARI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. By the impugned order contained in letter No. 179 dated 20.05.2010, Annexure -12, issued by the Deputy Secretary, Mines and Geology Department, Government of Jharkhand, Ranchi, respondent No. 3, the claim of the petitioner for release of arrears of salary for the post of Deputy Director and Additional Director, Mines w.e.f. 15.11.2000 and 15.11.2004 respectively has been refused on the advise of the Finance Department and in view of the Rule 58 of the Jharkhand Service Code and Rule 74 of the Finance Rules. According to them, the said benefit can not be extended in a retrospective manner to the petitioner. The petitioner has consequently sought direction upon respondents to pay the salary of the respective posts with effect from the aforesaid respective dates along with interest.

(2.) ACCORDING to the petitioner, while he was serving as District Mining Officer, Dumka, vide Annexure -1 dated 15.12.1999 he was transferred and posted as Deputy Director, Mines, which is the next promotional post and authorized to discharge the duties and responsibilities of the said post. The petitioner assumed joining on the said post on 20.12.1999, vide Annexure -2. The petitioner was once again given additional charge of the post of Additional Director, Mines vide notification No. 2759 dated 31.07.2000, Annexure -3, issued under the signature of the Special Secretary, Mines and Geology Department, Government of Jharkhand. Vide charge report dated 31.07.2000, Annexure -4, the petitioner was handed over charge for the post of Additional Director by the previous incumbent. Vide Annexure -5 dated 10.05.2005, the petitioner was given additional charge of the post of Director, Mines and was posted with immediate effect. Vide Annexure -6, notification dated 31.03.2008 of the same department he was made as In -charge Director, Mines. He assumed charge vide Annexure -7 dated 31.03.2008 to the post of In -charge, Director, Mines. Thereafter vide notification dated 28.05.2009 bearing Memo No. 724, the petitioner was substantively promoted to the post of Deputy Director in the scale of Rs. 12000 -16500/ - pre -revised w.e.f. 15.11.2000 itself. The petitioner was again promoted vide another notification bearing Memo No. 1968 dated 23.12.2009 of the same department to the post of Additional Director in the scale of Rs. 14,300 -18,300/ - pre -revised w.e.f. 15.11.2004 itself, while also indicating that he would continue to be In -charge, Director, Mines. In the aforesaid background, the petitioner staked the claim for grant of benefits of the promoted posts from the dates on which the said promotion order were made effective w.e.f. 15.11.2000 and 15.11.2004 as per Annexures -8 and 9 respectively. The same has been rejected by the respondents vide impugned order dated 03.02.2012, Annexure -12, on the advise of the Finance Department and in view of Rule 58 of the Jharkhand Service Code and Rule 74 of the Finance Rules. Learned counsel for the petitioner has relied upon the judgment rendered in the case of Jaiprakash Singh Vs. the State of Jharkhand & Ors. in W.P. (S) No. 2986 of 2010 dated 20.08.2013 in order to advance his submission that the petitioner's case is clearly covered by the said judgment and the facts are more or less identical. Therefore, the impugned order needs to be quashed while directing the respondents to pay arrears of salary to the petitioner of the posts of Deputy Director and Additional Director, Mines to which he was promoted with retrospective effect as aforesaid.

(3.) I have heard learned counsel for the parties and have gone through the relevant materials on records. The chronology, which has been indicated in the earlier part of the judgment are not disputed so far as grant of additional charge of Deputy Director and Additional Director, Department of Mines and Geology to the petitioner is concerned. It is also true that the petitioner has been promoted with retrospective effect vide notification contained at Annexures -8 & 9 w.e.f. 15.11.2000 and 15.11.2004 to the post of Deputy Director, Mines and Additional Director, Mines respectively. Admittedly from the date the aforesaid notifications of promotions have been made effective, the petitioner was already serving on the post of Deputy Director and Additional Director, Mines as per the notification at Annexure -1 dated 15.12.1999 and as per the notification at Annexure -3 dated 31.07.2000 itself.