NARESH KUMAR Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) In pursuance to the order dated 25.07.2017, Mr. Rakesh Kumar Shahi, learned J.C. to A.A.G. appearing for the Respondent-State has produced the Minutes of the Screening Committee, dated 11.07.2015. After perusal the same is returned to learned State counsel.

(2.) In the accompanied writ application, the petitioner has, inter alia, prayed for quashing the impugned order dated 15.06.2011, passed by the Respondent No.3, whereby the representation of the petitioner for grant of 3rd upgradation in the pay scale in Modified Assured Career Progression Scheme has been rejected and the petitioner has further prayed for a direction upon the respondents for grant of third up-gradation in the pay scale under the M.A.C.P. Further, for which, otherwise, the petitioner is entitled to get with effect from 20th May, 2010, the date on which he has completed 30 years of service and the petitioner has further prayed to the respondents to release the entire arrears of difference of salary by virtue of grant of 3rd upgradation under the M.A.C.P Scheme and accordingly, fix and finalize his pension on the basis of enhanced pay scale and to release the entire arrears of difference of pensionary benefit with effect from 31.07.2010 i.e. the date of superannuation of petitioner along with interest.

(3.) The brief facts, as disclosed in the writ petition, are that initially the petitioner was appointed on the post of Bihar Administrative Service Cadre from 20.05.1980 till 15.11.2000 and after bifurcation of the State, he has been allocated Jharkhand cadre. In the year 1999, the first up-gradation of the pay scale was granted to the petitioner and thereafter, he has been granted the second up-gradation vide Notification dated 17th October, 2005, wherein, his name appears at Serial No.61. Thereafter, the petitioner has been granted promotion to the post of Sr. Selection Grade, in the Deputy Secretary Rank vide Notification dated 29th October, 2005, where, while working as a Circle Officer in the district of Ranchi, a criminal case was instituted against him in the year 2000 and a departmental proceeding was initiated against him, which is still pending. In the criminal case, he has been granted anticipatory bail in some of the cases while in others, he has prayed for quashing the entire FIR and order taking cognizance of the case under Section 482 of the Code of Criminal Procedure, which was admitted by granting interim protection. After 6th pay revision the petitioner claims for 3rd upgradation in the pay-scale under M.A.C.P. Scheme, has been rejected due to pendency of the criminal case, the petitioner filed W.P.(S) No.6707 of 2010, which was disposed of on 18.04.2011. In pursuance to the order passed in W.P.(S) No.6707 of 2010, the impugned order dated 15.06.2011 vide Annexure-6 of the writ petition has been passed rejecting the claim of the petitioner, which is impugned in this writ petition.