NARENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN the instant writ petition the petitioner prays for following reliefs:

(2.) THE facts in brief, are set out as under: -

(3.) I have considered the rival submissions and the pleadings. It will be evident from Annexure -6 at page 31 that all the three petitioners were appointed subsequent to the issuance of the letter No. 1543 dated 10.7.2004 issued by the Finance Department to the post of lower division clerk at the pay scale of Rs. 3,0504,590/ -. There is also no dispute about the fact that demerger took place prior to the issuance of appointment letter. The petitioners were born in the department by virtue of their appointment letter issued on 23.8.2004 which is admittedly subsequent to the instruction and the order of demerger issued by the Finance Department vide its letter No.1543 dated 10.7.2004 and the same has been uniformly applied and thus there cannot be any basis for the claim on the part of the petitioner for a higher pay scale. It is also clear that there was no legal, accrued or vested right prior to the issuance of the instruction letter No.1543 dated 10.7.2004 which can be enforced by way of mandamus in a writ jurisdiction. There is also no dispute about the fact that the post to which the petitioners were appointed is lower division clerk and they are getting the corresponding pay scale applicable and there has been no discrimination in this regard.