RAMCHANDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) INITIALLY the petitioner had preferred a Writ Petition (S) No.713 of 2003 challenging the decision of the respondent whereby pay scale of the petitioner was fixed at a lower scale. It further challenged the direction issued for excess amount from the petitioner. This Court while disposing of the Writ Petition vide order dated 17.6.2003 directed that the petitioner would be entitled to pension and other benefits in accordance with law on the pay scale last drawn by him. He was also given liberty to file writ petition in case of any further grievance. Again a Writ Petition (S) No.6900 of 2006 was filed to grant him the benefit of A.C.P. claim and also to pay the difference of arrears of pay and to revise/refix the pension. The petitioner was again given liberty to file representation before the Chief Engineer. A Screening Committee was constituted at the level of Chief Engineer and the matter was considered and investigated and it was found that from 01.01.1996 the revised pay scale of Rs.4000 -6000/ -was sanctioned in case of petitioner whereas from 01.01.1996 for others the pay scale sanctioned was Rs.3050 -4590/ -. It was also decided that the first A.C.P. benefit was given with effect from 09.08.1999 in the pay scale of Rs.3200 -4900/ -as per the decision taken by the Committee constituted by the Finance Department on 14.3.2002 and further with effect from 9.8.99 the pay scale of Rs.4000 -6000/ -was also sanctioned modifying the earlier pay scale. It also indicated that in case if it is found that if any payment has been made in excess the same shall be recovered. Finally an Office order was issued to that effect on 26.6.2007 indicating that the dues shall be paid from 15.11.2000.

(3.) IN the counter affidavit the respondents have also submitted that in view of the recent order of the Karmik & Administrative Reforms Department, letter No.4411 dated 20.8.2007 the pay scale was being revised and it has been decided by the Government to enhance the scale of Rs.4000 - 6000/ -as first A.C.P. and 4500 -7000/ -as second A.C.P.