ASHRIT BILCHUS LAKRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant is aggrieved by the decision of the Personnel and Administrative Department of the Government of Jharkhand rejecting his plea for being treated as Private Secretary in the office of the Divisional Commissioner, South Chhotanagpur, Ranchi. The learned First Court has confirmed the decision of rejection of the said authority in the judgment under appeal. The appellant was engaged to the post of Personal Assistant through a selection process undertaken by the Divisional Commissioner at the local level in the year 1989 on the basis of an open advertisement through the employment exchange. At that point of time, such was the selection norm and there is no allegation of any irregularity in his initial selection. As it is revealed from his appointment letter, the appointment was temporary. Clause 3 of the appointment letter dated 2nd March, 1989 (Page 36 of the memorandum of appeal) further stipulated that he had to pass Steno-grapher's GradeI Examination within one year failing which his appointment would be terminated. Admitted position, however, is that though he did not clear the said examination, his appointment was confirmed on 18th October, 1996 in the same post in which he was temporarily appointed with effect from 7th March, 1992. A copy of the confirmation letter has been annexed at Page 37 of the memorandum of appeal.

(2.) Earlier, by virtue of a circular of the unified State of Bihar adopted in the year 1991, office of the Divisional Commissioner had become attached to the office of Department of Revenue and Land Reforms. That decision was taken on 26th February, 1991. It has been pleaded in the memorandum of appeal that implication of the said resolution was that appointments in the office of the Commissioner in the posts of Assistants, their promotion etc. would be regulated by the Department of Personnel, Administrative Reforms and Rajbhasha Department. But in the case of the appellant writ petitioner, the selection took place at the local level only and there is nothing to show that at that point of time any centralized selection process was being undertaken for appointment in the said or similar posts in the subject office. On 2nd January, 2007 the Department of Personnel, Government of Jharkhand took a resolution to convert or re-designate all the posts of Senior Personal Assistants to the posts of Private Secretary with effect from 1st January, 1996. The said resolution forms part of the memorandum of appeal, annexed at page 52 thereof. The said resolution reads :-

(3.) The appellant's case is that by virtue of the aforesaid resolution and its subsequent implementation, the post of Personal Assistant stood virtually abolished. On 3rd May, 2008, however, the appellant was given promotion to the post of Senior Personal Assistant. In course of hearing before us it is submitted on behalf of the appellant that the appellant at present is the sole post holder in that designation. The appellant's grievance is that re-designation of the post to Private Secretary would have entailed higher scale of pay in a higher grade. The learned First Court rejected his plea, holding, inter alia :-