SOHAIL AHMED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It was pursuant to an advertisement issued by the Bihar Public Service Commission in the year 1994 that the petitioner after selection was appointed as an Assistant Teacher on 17/8/1994 in the District of Lohardaga and was discharging his duties as such. Thereafter he came across an advertisement floated in the public domain for appointment of Assistants in the Civil Courts of Jharkhand. He accordingly, applied and qualified the same and after getting No Objection Certificate by the DSE, Lohardaga, he joined as an Assistant in Ranchi judgeship on 15/3/2000. As an Assistant Teacher the petitioner was in service from 17/8/1994 to 14/3/2000 placed in the pay scale of Rs.4500.00125-7000/- whereas on his appointment as an Assistant was placed in pay scale of Rs.4000.00100- 6000/-. Aggrieved thereby, he filed a representation before the Principal District and Sessions Judge at Lohardaga on 28/2/2023. The representation was placed before the Screening Committee which rejected the same constraining the petitioner to file the instant writ petition for grant of the following substantive relief:-

(2.) We have heard learned counsel for the petitioner and gone through the materials placed on record.

(3.) It is vehemently argued by the learned counsel for the petitioner that in terms of Rule 78 of the Jharkhand Service Code, 2001, the petitioner was entitled to the higher pay scale as the petitioner after submitting a technical resignation from the Education Department had joined the Civil Court and his length of previous services of Education Department from 17/8/1994 to 14/3/2000 was added in his present length of service vide order passed by the learned District Judge dtd. 18/1/2005 therefore, he was entitled to the pay protection of the previous post.