Md. Nawed Anjum Ansari v. 1. The State of Jharkhand 2. The Secretary, Finance Department, Government of Jharkhand, Project
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 620 of 2021 --------- Md. Nawed Anjum Ansari ... … Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Finance Department, Government of Jharkhand, Project Building, Dhurwa, Ranchi 3. The Deputy Commissioner Collector, Simdega 4. The Additional Collector, Simdega ... … Respondents --------- CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --------- : Mr. Krishna Kumar, Advocate For the Petitioner For the Respondents : A.C. to S.C. (L&C)- II ---------
Legal Reasoning
06/16.03.2023 Heard Mr. Krishna Kumar, learned counsel for the petitioner and Mr. Ashish Kr. Shekhar, learned A.C. to S.C. (L&C) –II. In this writ application a prayer has been made for quashing a part portion of the letter dated 11.01.2021 vide Memo No. 23(ii) whereby the pay of the petitioner has been recommended to be reduced to PB – I Rs. 5200-20200 GP Rs. 1900 from existing PB – I Rs. 5200-20200 GP – Rs. 2400. Further prayer has been made upon the respondents to pass an order for recommending the name of the petitioner in the list granting the benefit of the M.A.C.P. with the upgraded grade pay i.e. P.B. – I Rs. 5200-20200 GP – Rs. 2800. The writ petitioner has also prayed for restraining the implementation of the recommendation made vide Memo No. 23(ii) dated 11.01.2021 in which the existing pay of the petitioner has been reduced. It has been submitted by the learned counsel for the petitioner that the petitioner was appointed on compassionate ground to the post of Clerk-cum-Typist on the pay scale of Rs. 4000-6000 on the post created with the consent of the Finance Department. Learned counsel further submits that the though grade pay of the petitioner was PB I Rs. 5200-20200 GP Rs. 2400 but the same has been reduced vide impugned Memo No. 23(ii) dated 11.01.2021 without at all taking into consideration the letter dated 21.10.2008. It has further been -2- submitted that the posts were created in terms of the letter dated 21.10.2008 and the appointment of the petitioner was against the created posts but without taking into consideration such factual aspects the impugned letter reducing the pay scale of the petitioner has been passed. Mr. Ashish Kr. Shekhar, learned A.C. to S.C. (L&C) –II has submitted that the petitioner was wrongly given the grade pay of Rs. 2400/- which is meant for the Upper Division Clerk. It has been submitted that in the year 2004 the post of clerk was demerged which led to creation of Lower Division Clerk and the Upper Division Clerk and the post of Upper Division Clerk is a promotional post which the petitioner is not entitled to and since there has been a discrepancy in the grant of pay scale to the petitioner, the same was appropriately considered and reduced to the grade pay which a Lower Division Clerk is entitled to. Learned counsel for the petitioner has submitted that several persons working on the basis of the letter dated 21.10.2008 was conveniently ignored by the concerned respondents while reducing the pay scale of the petitioner and even in fact the new appointees are also being given benefit of the said letter dated 21.10.2008 The factual aspects of the case as would be revealed from the averments made in the instant application is that the petitioner was appointed on compassionate ground vide Letter No. 14(i) dated 21.02.2009 on the post of Clerk-cum-Typist in the pay scale of Rs. 4000-100-6000 at Block Office, Jaldega. The appointment of the petitioner was done pursuant to the letter of the Rural Development Department dated 21.10.2008 wherein it has been clearly mentioned that the petitioner’s post is of Clerk-cum-Typist in the pay scale of Rs. 4000-6000 which was after the creation of the post was done with the consent of the Finance Department and approval of the Cabinet. The grade pay of the petitioner was PB – I Rs. 5200-20200 GP Rs. 2400 but by virtue of the impugned Memo No. 23(ii) dated 11.01.2021 the same was reduced to PB – I Rs. 5200-20200 GP – Rs. 1900. -3- From the counter affidavit which has been filed by the State it appears that the Government of Jharkhand issued a letter vide Memo No. 1543 dated 10.07.2004 wherein the amalgamated cadre of clerks were demerged and bifurcated into Lower Division Clerks in pay scale of Rs. 3050-4590 and Upper Division Clerks in the pay scale of Rs. 4000-6000. It has also been mentioned therein that the post of Upper Division Clerk is a promotional post and only direct appointment is to be made in the post of Lower Division Clerk. The petitioner was appointed on compassionate ground on 21.02.2009 to the post of Clerk- cum-Typist and was drawing the pay scale of Rs. 4000-100- 6000. Although it has been submitted by the learned counsel for the petitioner that several fresh appointees as well as the earlier appointees have not been proceeded against and in fact have continued to draw the pay scale in the grade pay of Rs. 2400 but as would be apparent from the counter affidavit as well as the impugned letter, the initial entry in service is Lower Division Clerk and Upper Division Clerk as per the government circular is a promotional post. In such circumstances, therefore, merely because certain persons have been wrongly given the grade pay of Rs. 2400, the same would not perpetuate the illegality committed so far as the petitioner is concerned. It would be apparent that the initial appointment of the petitioner has been treated to be the entry point of Lower Division Clerk and since an error was committed the same was rectified vide impugned letter dated 11.01.2021 wherein it has also been stated that no recovery proceeding shall be initiated against the petitioner. On consideration of the aforesaid facts, I do not find any reason to interfere in the impugned letter dated 11.01.2021 and accordingly, this writ application sans merit is, hereby, dismissed.
Decision
Pending I.A. also stands disposed of. (Rongon Mukhopadhyay, J.) Umesh/-