KAMESHWAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has prayed for a direction to the respondents to fix his pay in the scale of Rs. 5000 -8000/ -and to fix the pension as well as arrears of salary payable to him on the aforesaid scale.

(2.) THE case of the petitioner is that he was initially appointed in the District Collectorate as Clerical staff. Subsequently a separate cadre, known as the Directorate Cadre, was created and the employees of the District Collectorate were given an option to join the cadre of Directorate of Treasury. The petitioner had opted for Directorate Cadre and his application on being considered, he was selected for his absorption in the Directorate Cadre on 07.02.1980. In the Directorate Cadre, a gradation list was prepared in which the petitioners position in seniority was fixed. At the time when he was absorbed in the Directorate Cadre, his scale of pay was initially at Rs. 260 -408/ -which on revision from time to time, was enhanced to Rs. 730 - 1080 and later Rs. 1400 -2600/ -. The last revision in the pay scales of the Government employees was made with effect from 01.01.1996 with the corresponding increased scale at Rs. 5,000 - 8,000/ - Some time in the year 1993, the Directorate Cadre was abolished and all the employees under Directorate Cadre were reverted to their respective district Collectorate Cadres. However, the service conditions as was applicable to the employees in the Directorate Cadre was not changed and it was to remain operative in the case of the petitioner also.

(3.) REFERRING to Annexure -3 which is a letter dated 03.09.2002 issued by the Department of Finance of the State Government, learned counsel for the petitioner would explain that in the aforesaid letter, which is by way of a notification issued by the department, the revised scale of Rs. 5,000 - 8,000/ -would be applicable to those employees who were selected by the Directorate in the year 1979 and who had drawn their salary in the scale of Rs. 260 - 408/ -and the corresponding increase in the revised scales. The petitioner contends that he was selected by the Directorate of Treasury in the year 1979 and had drawn his salary by availing the revised scale of Rs. 1400 - 2600/ -as would be evident from his service book. Learned counsel for the petitioner explains that the contention of the respondent Deputy Commissioner, Giridih that the petitioner had joined the District Treasury after 1979 is therefore misleading and incorrect as because the service book would confirm that the petitioner had initially joined the District Treasury prior to 1979 and it was later, when in the year 1979 a cadre of Directorate of Treasury was created, the petitioner had opted and was thereafter absorbed in the Directorate Cadre which was later abolished and then the petitioner was reverted to the District Collectorate. Learned counsel adds further that even otherwise, since the service conditions, as was applicable to the employees of the Directorate Cadre, did not undergo any change on the petitioners joining the District Collectorate Cadre, the petitioner is entitled to the same pay scale as was applicable to him in the Directorate Cadre.