SHYAM NARAYAN DUBEY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned counsel for the State.

(2.) The petitioners are aggrieved by the Order No. 3043 dated 10.09.2014 issued by respondent No. 2, Principal Secretary, Water Resources Department, Government of Jharkhand, as contained in Annexure -17 to the writ application, whereby 1 st A.C.P. and 2nd A.C.P., granted to the petitioners, in the higher pay -scales of Rs.6,500 -10,500/ - and Rs.8,000 -13,500/ - respectively, was substantially reduced to Rs. 5,500 -9,000/ - and 6,500 -10,500/ - respectively.

(3.) The petitioners were initially appointed as Research Assistants under the Water Resources Department, between the years 1972 to 1990 and they have also since superannuated from service. By Order No. 4787 dated 31.12.2005 as contained in Annexure -3 to the writ application, the petitioners were granted 1 st A.C.P. in the pay - scales of Rs.6,500 -10,500/ - which was the pay scale of the next promotional post of Research Officer, and the 2 nd A.C.P. in the pay - scale of Rs.6,000 -13,500/ - which was applicable to the next promotional post of Deputy Director (Research). Subsequently, a letter bearing No.2584 dated 15.10.2008, as contained in Annexure - 4 to the writ application was also issued by the Water Resources Department, to the Accountant General of Jharkhand, confirming the same. In the present case, there is no dispute as to the date of the applicability of the 1st and 2nd A.C.Ps. to the petitioners. The only dispute is that whether the petitioners were entitled to be granted A.C.Ps. in the pay -scale of the next promotional posts of Research Officer and the Deputy Director (Research) respectively, or they were entitled to 1st and 2nd A.C.Ps., in the next higher pay scales as provided in the schedule -1 to the resolution of the State Government granting A.C.P. to the State Government employees, which was notified under Memo No 5207 dated 14.08.2002, as contained in Annexure -2 to the writ application. The pay -scale of the petitioners at the relevant time being Rs.5,000 to 8,000, according to schedule - 1 of the said resolution, the 1st and 2nd A.C.Ps. applicable were in pay -scales of Rs.5,500 -9,000/ - and Rs.6,500 -10,500/ - respectively.