SURAJ BHUSHAN PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner, in this writ application, has prayed for quashing the order dated 21.09. 2012, contained in Memo No. 69796985/Acctts., by which up-gradation in the pay scale granted to the petitioner, has been reduced. He further prays that the pay scale granted to the petitioner vide order dated 15.04.2005, be restored and further the benefit of 3rd up-gradation in the pay scale of Rs. 15600-39100/with Grade Pay of Rs. 7600/- w.e.f. 01.09.2008, be released in his favour. By way of amendment a new prayer to quash the order contained in Memo No. 1572 dated 18.12012, by which the petitioner has been directed to deposit the excess drawn salary to the tune of Rs. 5,98,509/in the treasury, has been added.

(3.) The petitioner joined on 01.12.1976 as a Cashier in the Ranchi Bench of Hon'ble Patna High Court. There was no promotional avenue for the Cashier in the establishment of Patna High Court. The post of Cashier was a single post in the isolated cadre. After bifurcation of the State of Bihar and after establishment of the High Court of Jharkhand, from 14th November, 2000, the petitioner became an employee of the High Court Jharkhand and was the Cashier. A Scheme called "Assured Career Progression Scheme" was introduced, whereby, it was provided that one or other Government Employee, if completed 12 or 24 years of regular service and if he is eligible to be given regular promotion, then he will be entitled to get the 1st and 2nd up-gradation in the pay scale. The Resolution also provides that in case the hierarchy of the post is not available, then pay scale, which has been mentioned in Schedule I of the resolution dated 14.08.2002 (the resolution by which the ACP was introduced), will be given to the employee. Again vide resolution dated 05.02.2007, the condition given in condition no. 3(1) of the resolution dated 14.08.2002, whereby it has been provided that in case of absence of hierarchy, the pay scale mentioned in Schedule-I, will be given, has been recalled.