STATE OF JHARKHAND AND ANR. Vs. BACCHU PRASAD

JUDGEMENT

(1.) This intra-court appeal is preferred against the judgment dated 2.4.2013 passed in W.P.S No. 6033 of 2007, whereby the learned Single Judge allowed the writ petition directing the appellant to grant the scale of pay of Head Clerk to the respondent from the due date.

(2.) The brief facts which led to filing of this appeal are as follows:- Initially in the year 1976, the respondent was appointed as a Clerk at the Central Jail, Hazaribagh with effect from 1.6.1976. By the resolution of the State Government dated 28.3.1979, several posts including that of Head Clerk were sanctioned for Jail Training Institute. On the recommendation being made the State Government through its Department of Home (Prison), issued an order contained in memo no. 4192 dated 23.5.1979, whereby the respondent was appointed on the sole sanctioned post of Head Clerk in the scale of pay of Rs. 284-372.00. Accordingly the respondent joined as Clerk in the Jail Training Institute, Hazaribagh on 28.5.1979 and started working. In the year 1980-81, the pay scale of Clerk working in the Home (Prison) Department and that of the Head Clerk in the Home (Prison) Department were merged. Subsequently by resolution of the Finance Department, Govt. of Bihar, dated 18.12.1999, the pay scale of clerk was fixed at Rs. 4000-6000.00 and that of the Head Clerk at Rs. 4500-7000.00. When such bifurcation was made in the pay scales by resolution of the Finance Department dated 18.12.1999, the respondent was being paid the salary in the scale of pay of Head Clerk of Rs. 4500-7000.00 and at the relevant time, the respondent was posted at Sub-Jail, Koderma. The Superintendent, Sub-Jail Koderma wrote a letter dated 9.8.1999 addressed to the Inspector General (Prison) Bihar, Patna, stating that the respondent is being paid the revised scale of Head Clerk, i.e. Rs. 4500-7000.00 but no such post of Head Clerk exists in Sub Jail, Koderma.

(3.) In the meanwhile the respondent submitted a representation dated 1.1.2000 and 25.8.2000 before the Inspector General (Prison), Govt. of Bihar, Patna requesting for confirmation of his appointment to the post of Head Clerk but the matter remained pending. In the meanwhile, the provision of Bihar Reorganization Act 2000 was enforced w.e.f. 15.11.2000 providing for cadre allocation of the employees of the State Govt. and in the tentative final allocation, the respondent was placed as Clerk and he made representation before the Chairman, Advisory Committee, on 19.7.2002. However, in the final allocation, the name of the respondent was not included in the cadre for State of Jharkhand although he submitted his option for allocation for the State of Jharkhand.