KRISHNA KUMAR URAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) As the issues involved in all the writ petitions are same and similar, they are being disposed of with a common order. However, in W.P.(S). No. 6081 of 2014, only petitioner No. 1 i.e. Krishna Kumar Uraon and petitioner No. 6 i.e. Arun Kumar Tiwari are pressing their claims. However, the petitioner in W.P.(S). No. 3832 of 2015 inter alia prays for quashing of office order No. 240 dtd. 9/12/2013, whereby the pay-scale of the petitioner and corresponding grade pay given to the petitioner in pursuance of grant of 2nd ACP vide office order No. 227 dtd. 13/11/2012 has been reduced and the same has been fixed at a lower pay scale/ grade pay contrary to resolution dtd. 17/11/2012 of the Department of Finance, Govt. of Jharkhand. Similarly, petitioners in WP(S). No. 6081 of 2014, W.P(S). No. 5847 of 2014, W.P.(S). No. 3832 of 2015, W.P. (S). No. 6221 of 2014 and WP(S). No. 6208 of 2014 have prayed for part quashment of office Order No. 74 dtd. 7/7/2014 and office order No. 162dtd. 9/12/2013 (in W.P.S. No. 6221 of 2014) whereby the pay-scale of the petitioners have been reduced contrary to resolution dtd. 17/11/2012 to disadvantage of the petitioners. Further in W.P.S No. 5335 of 2012, petitioner prays for grant of benefit of 1st and 2nd ACP and the petitioners in W.P.S. Nos. 6029 of 2014 and 6200 of 2014 prays for grant of benefits of 2nd ACP.

(2.) The petitioners have approached this Court with a common prayer for direction upon the respondents to take a decision whether petitioners are entitled for the benefits of 2nd ACP in the scale of Rs.6500.0010500/- and whether the benefits of Assured Career Progression Scheme can be denied on the ground that the petitioners does not have the prescribed educational qualification for the post, i.e. Matric. Further prayer has also been made for quashing the order of recovery issued by the respondents that too after the retirement of the petitioners.

(3.) The petitioners joined the services of the Forest Department as Forest Guards and retired from the said Department after attaining the age of superannuation. The petitioners were considered and granted the benefits of 1st and 2nd ACP in the scale of Rs.4000.006000/- and Rs.6500.0010500/- respectively. It is the specific case of the petitioners that they were never considered for grant of any regular promotion in their entire service career and as such, after completion of 12 years and 24 years of their services, they were considered for 1st and 2nd ACP in the scale of Rs.4000.006000/- and Rs.6500.0010500/- respectively. Subsequently, the respondents have modified the said order to the extent that petitioners were not entitled for the said pay-scale as they were non-matric and were entitled for the pay-scale of Rs.4000.006000/- and Rs.4500.007000/-under 1st and 2nd ACP respectively. Further, an order of recovery was passed for recovery of the excess amount paid to the petitioners on account of grant of 2nd ACP in the pay-scale of Rs.6500.0010500/-. Aggrieved by the said modification order for grant of 2nd ACP in the scale of Rs.4500.007000/- in place of Rs.6500.0010500 and also against the order of recovery, the petitioners have approached this Court by way of preferring these writ petitions for redressal of their grievances.