PRADEEP KUMAR SRIVASTAVA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajendra Krishna, learned counsel appearing for the petitioners, Mr. Rajesh Kumar, learned G.P. -V appearing for the State, and Mrs. A. R. Choudhary,, learned counsel appearing for the High Court.

(2.) This writ petition is directed against Resolution dated 27.11.2013 contained in Memo No. 6/Stha.Vividh -009 -08/2004 Ka. - 11415/ Ranchi (Annexure -6) issued under signature of respondent no 4, whereby the State Government has re -apportioned the post of District Judges in Super Time Scale i.e @ 10% of the Selection Grade in place of 10% of Cadre Strength under Revised Assured Career Progression (for short ACP) Scheme. The petitioners have also prayed for quashing of Resolution dated 29.6.2010, contained in Memo No. 1990/vi. (Annexure -7), issued under signature of respondent no 3, whereby it has been mentioned against Sl. No. 6 under heading of A.C.P. that District Judge Super Time Scale shall continue on merit -cum -seniority to the available 10% of the Selection Grade to those officers, who have rendered not less than three years of continuous service as Selection Grade District Judges. The petitioners have further prayed for directing the respondents to consider the Hon'ble Justice E. Padmanabhan (Retd.) Commission's Report and Hon'ble Justice K. Jagannatha Shetty Commission's Recommendations (First National Judicial Pay Commission) in its letter and spirit, particularly taking into consideration Corrigendum -II dated 24.4.2002 of Shetty Commission's Report and further to issue fresh resolution modifying Resolution dated 29.6.2010 and Resolution dated 27.11.2013 to the extent that re - apportionment of the posts of District Judges in Super Time Scale be made @ 10% of the Cadre Strength in place of 10% of Selection Grade. The petitioners have also prayed for a direction upon the respondents to consider the case of the petitioners for granting them Super Time Scale under District Judge Cadre after issuance of fresh resolution modifying Resolution dated 29.6.2010 and Resolution dated 27.11.2013 to the extent that re -apportionment of the post of District Judges in Super Time Scale be made @ 10% of the Cadre Strength in place of 10% of Selection Grade.

(3.) The facts of the case are that the petitioners are the officers of Superior Judicial Services, Jharkhand in the name of Principal District Judges. Pursuant to the direction of the Hon'ble Apex Court passed in a writ petition being W.P. (C) No. 1022 of 1989 on 21.3.1996, the First National Judicial Pay Commission was constituted, which recommended that the minimum 10% of Cadre Strength in District Judges be given Super Time Scale to those, who have put in minimum number of three years in the cadre of Selection Grade. Further, vide Corrigendum -II dated 24.4.2002 some correction was made to the extent that "10% of the Selection Grade District Judges would be given to those who have put in not less than three years of continuous service as Selection Grade District Judges" should be read as "10% of the Cadre Strength District Judges and would be given to those who have put in not less than three years of continuous service as Selection Grade District Judges". Thereafter, the State Government issued resolution pertaining to revision of pay scale of the Judicial Officers in the State of Jharkhand vide Memo No. 1174/vi. Ranchi dated 7.5.2003 with effect from 01.01.1996 but in the resolution, the post of Selection Grade and Super Time Scale was not mentioned. The State Government issued Resolution dated 27.4.2006 contained in Memo No. 2019/Ranchi whereby out of 142 posts, 25% i.e. 35 posts for Selection Grade of District Judge and 10% i.e. 14 post for Super Time Scale have been apportioned. The Hon'ble Supreme Court had directed all the State Governments to implement the recommendation of Justice Padmanabhan Commission with effect from 01.01.2006 and therefore, the Department of Finance, Government of Jharkhand came with Resolution dated 29.6.2010 contained in Memo No. 1990/vi. wherein it has been mentioned that against Serial No. 6 under the heading of ACP Scheme the District Judge Super Time Scale shall be continued on merit -cum -seniority to available 10% of the Selection Grade to those officers who have put in not less than three years of continuous service as Selection Grade District Judge. But on 7.3.2012 re -apportionment was done on the basis of increased Cadre Strength of 151 posts as 38 posts and 15 posts respectively, adopting the same formula i.e. 25% of the Cadre strength in Selection Grade and 10% of the Cadre strength in the Super Time Scale. Viz. 25% of 151 = 38 posts in Selection Grade and 10% of 151 = 15 in Super Time Scale. On account of increase in the Cadre Strength of District Judge upto 178 post, a recommendation was made for re -apportionment of the Selection Grade and Super Time Scale of District Judge and the State Government vide Resolution dated 27.11.2013 contained in Memo No. 6/Stha./Vividh -009 -08/2004 Ka. - 11415/Ranchi, re -apportioned the posts of District Judge in Super Time Scale @ 10% of the Selection Grade in place of 10% of Cadre Strength under Revised A.C.P. Scheme. The petitioners filed an interlocutory application bearing I.A. No. 317 in W.P.(C) No. 1022 of 1989 before the Hon'ble Apex Court for clarification/modification which was disposed of, as withdrawn with liberty to approach the High Court for appropriate relief vide order dated 28.1.2014. Thereafter on 21.2.2014, a letter was issued by this Court to the State Government wherein it recommended to withdraw the unilateral decision taken vide resolution dated 27.11.2013. Reminders were also issued by this Court but to no effect and hence, the petitioners left no option but to file the instant writ petition, challenging the said order.