SOMRA MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner has approached this Court with a prayer for quashing the Memo No. 1301 dated 16.10.2017 issued by the Regional Deputy Director of Education, South Chhotanagpur Division, Ranchi, whereby the ACP/MACP earlier granted to the petitioner has been revised and it is directed to recover the excess amount paid to the petitioner. Further prayer has been made for a direction upon the respondents to pay the salary as granted earlier and approved by the Divisional Commissioner, South Chhotanagpur, Ranchi.

(3.) The facts of the case lies in a narrow compass. The petitioner is appointed and working as Clerk in the District of Ranchi within the State of Jharkhand and performing his duties to the utter satisfaction of the respondentauthorities. It is the case of the petitioner that vide Notification dated 13.08.1974 issued by Department of Education, Govt. of Bihar, the post of Senior Selection Grade has been prescribed subsequent thereof, vide Memo No. 129 dated 15.01.1977, three posts were also notified viz. (1) Lower Division Clerk (2) Upper Division Clerk (3) Senior Selection Grade and further vide Memo No. 559 dated 08.03.1980, the post of head clerk and super selection grade post were created and the aforementioned hierarchy of the posts is continuing as such and it is neither modified nor repelled till date. Thereafter, the Department of Finance, Govt. of Jharkhand issued the Resolution No. 2714/F dated 21.09.2007 wherein the pay scale of Head Clerk in Muffasil Establishment has been revised to Rs. 5000-150-8000/- in consonance with the recommendation of the Fitment Committee. Pursuant thereto, a clarification was sought by the District Accounts Officer, Ranchi for fixation of pay scale of Grade III employee of Education Department, which was accordingly clarified vide Memo No. 684 dated 21.05.2008 by the Regional Deputy Director of Education, South Chhotanagpur Division, Ranchi wherein, it was clarified that w.e.f. 10.07.2007, the pay scale of Grade III employee of the Education Department shall be fixed as per the hierarchy of their post and the pay of Head Clerk (Senior Selection Grade) shall be fixed in the scale of 5500-9000/-. It is further the case of the petitioner that he was granted the benefits of ACP/MACP vide Memo No. 266 dated 25.02.2009 with effective from due date, which was later on approved by the Divisional Commissioner/ Commissioner, Ranchi and also verified/ authenticated by District Accounts Officer, Ranchi.