SUDARSHAN RANA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, prayer has been made by the petitioner for direction upon the respondents to grant the benefit of 2nd ACP on the ground that similarly situated persons have been granted the same. Further, prayer has been made for direction upon the respondents to sanction the revised pay scale of Rs.5500-9000/- corresponding to pre- revised scale of pay of Rs.1200-1800/- and again revised as Rs.4000-6000/- to the petitioner and similarly situated employees by removing the anomaly which occurred in the report of the Fitment committee which has been accepted by the Finance Department.

(2.) Learned counsel for the petitioner has strenuously urged that the action of the respondents in not granting the ACP is violative of Article 14 of the Constitution of India since similarly situated persons have already been granted the benefit of 2nd ACP. Learned counsel further submits that the report of the fitment committee smacks of arbitrariness since petitioner and other similarly situated employees on technical posts have not been considered for pay scale of Rs.5500-9000/-. Learned counsel further submits that the petitioner is entitled for benefit of 2nd ACP and also the benefit of pay scale of Rs.5500-9000/- by removing anomaly which has occurred in the report of Fitment Committee and the pay scale has been reduced to Rs.5000- 8000/- which the petitioner is not getting, but the petitioner at present is getting pay scale of Rs.4000-6000/-.

(3.) A counter affidavit dated 17.08.2009 has been filed by the respondent no.4, wherein it has been submitted that the petitioner has been appointed as Technical Police (Carpenter) at Jharkhand Armed Police, Training Centre, Padma, Hazaribagh. There is no provision for promotion in higher rank in Technical Police (Carpenter) so the petitioner has been granted 2nd A.C.P on completion of his 24 years of service according to Jharkhand Government Finance Department Sankalp No.3/S-6 (Promotion)-02/2002-5207B Ranchi dated 14.08.2002. The petitioner is only entitled to get the pay scale of Rs.4,000-6000/- instead of Rs.5500-9000/- as evident from Annexure-D to the counter affidavit.