STATE OF JHARKHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner - State of Jharkhand for quashing the order dated 13.1.2006 passed by the Central Administrative Tribunal, Circuit Bench, Ranchi in O.A. No.221/2001 and further for issuance of writ or order declaring that the two resolutions of the State of Jharkhand dated 17.1.2003 and its modification dated 5.5.2003 are lawful and valid in the eye of law.

(2.) THE aforesaid O.A. No.221/2001 was filed by respondent No.4 being aggrieved by the action of the respondents in not taking proper action for considering his case for appointment to I.A.S. in accordance with the I.A.S. (Appointment by Selection) Regulations, 1997. Earlier, the respondent No.4 filed the writ petition being C.W.J.C. No.1701 of 2000 for the same relief and this court directed respondent no.4 to move first before the Central Administrative Tribunal for appropriate relief.

(3.) THE Department of Personnel and Training came with a resolution of equivalence dated 17.1.2003. According to the resolution those who have remained in the prescribed scale of Rs. 3000 -4500 or revised scale of Rs.10000 -15200 or above scale for 8 years are declared to be equivalent to Deputy Collector under Civil Services. However, in spite of the order passed by the Tribunal extending the time limit, the exercise was not completed although several letters were issued by the Department of Personnel and Training to all departments asking for names for filling of non -.S.C.S. quota of one vacancy for appointment to I.A.S. By letter dated 4.3.2003 issued under the signature of Deputy Secretary, Department of Personnel and Training, to the Secretary, P.W.D. (Road), request was made to send his recommendation in relation to the petitioner in the light of the criteria laid down in the resolution dated 17.1.2003. In reply to that letter, the Secretary, P.W.D. (Road) disclosed the details of the petitioner in proforma attached showing respondent No. 4 has remained in the pre -revised scale of Rs.3000 -4500 since December, 1999 in Class -I and thereafter in prescribed scale of Rs.3700 -5000 since October, 2000 in Class -I till date. While the correspondence was going on, the State of Jharkhand came with another notification/resolution issued by the Department of Personnel and Training amending the earlier resolution dated 17.1.2003. According to the aforesaid resolution, the pay scale of Rs.10000 -15200 (or pre -revised scale of Rs.3000 -4500) and Rs.3700 -5000 which revised scale is Rs.10000 -15200 or higher scale officers of non - S.C.S. who fulfilled this criteria for 8 years were declared equivalent to the rank of Deputy Collector.