Shyam Naran Dubey and others v. The State of Jharkhand and others)
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Letters Patent Appellate Jurisdiction) LPA No. 100 of 2021 1. The State of Jharkhand 2. The Principle Secretary, Road Construction Department, Government of Jharkhand, project building, P.O. + P.S. – Doranda, District – Ranchi, Jharkhand 3. Chief Engineer, Central Design Organization, Road Construction Department, Artisan Hostel, Ground Floor, Block-A, P.O. + P.S. – Dhurwa, District – Ranchi, Jharkhand ......Respondents/Appellants Versus 1. Ram Vilash Sah, son of Sri Prahlad Sah, resident of village – Baghi, P.O. + P.S. – Sahar, District – Bajput (Bihar) at present Qrs. No.B/1, Line Tank Road, P.O. – G.P.O., Ranchi, P.S. – Kotwali, District – Ranchi
Legal Reasoning
2. Sushil Kumar Sinha, son of Sri Mani Mohan Prasad, resident of E – 82, Harmu Housing Colony, P.O. – Harmu, P.S. – Argora, District – Ranchi 3. Md. Mustkim, son of Late Md. Sahim, resident of village and Post – Kaithi, P.S. – Sonhar, District – Bhabhuwa Kaimur, Bihar 4. Akhauri Vijay Narayan Sinha, son of Basudeo Narayan Sinha, resident of M.I.G. – B/92, Harmu Housing Colony, P.O. – Harmu, P.S. – Argora, District – Ranchi; 5. Satish Prasad, son of Late Surajdeo Singh, resident of village – Nirpur, P.O. – Bind, P.S. – Bind, District – Nalanda, Bihar 6. Mohit Kumar Rukhaiyar, son of Late Surendra Kishore Prasad, residence of Hirak Ring Road, Kusum Bihar, P.O. – Koyalanagar, P.S. and District - Dhanbad --------------- CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ... Petitioners/Respondents For the Appellants For the Respondents : Mr. Mithilesh Singh, G.A. - IV : Mr. Rajendra Krishna, Advocate : Mr. Saurabh Shekhar, Advocate : Mr. Anurag Kumar, Advocate --------------- Order No. 13/ Dated: 03rd October 2023 Per, Anubha Rawat Choudhary, J. This appeal has been filed against the judgment/order dated 22nd November 2018 passed by the learned writ Court in W.P.(S)
Decision
No.1369 of 2012 whereby the order impugned in the writ petition being Order No. 12 dated 11th February 2012 with regard to the respondents (hereinafter referred to as the writ petitioners) has been set aside and the appellants have been directed to refund the amount, if any, recovered from the writ petitioners. The learned writ Court has held 2 that the case was squarely covered by the judgment passed by this Court in W.P.(S) No.5262 of 2014 (Shyam Naran Dubey and others versus The State of Jharkhand and others). 2. The writ petition was filed for quashing the order as contained in order No.12 dated 11th February 2012 whereby the benefits of upgradation of pay in pursuance of Circular No. 5207 dated 14th August 2002 granted vide different orders passed on 29th March 2007 and 30th January 2008 has been reduced from Rs.5000-8000 and Rs.5500-9000 to Rs.4000-6000 and Rs.4500-7000 under Assured Career Progression (ACP) I and II. 3. The writ petitioner no. 1 had joined service on 25th January 1994 as a Laboratory Assistant but did not get promotion to the next higher post of Research Assistant. He was granted the benefit of 1st ACP on 29th March 2007, in the scale of the next promotional post of Research Assistant (Rs.5000-8000). The writ petitioner no. 2 was appointed to the post of Laboratory Khalashi/ Attendant on 28th May 1981. He was promoted to the post of Laboratory Assistant and got ACP on 03rd October 2006 in the scale of the next promotional post of Research Assistant (Rs.5000-8000). The writ petitioner no. 3 was appointed to the post of Laboratory Khalasi/Attendant on 28th May 1981. He was promoted to the post of Laboratory Assistant w.e.f. 22nd May 1986 and got ACP on 08th November 2007, in the scale of the next promotional post of Research Assistant (Rs.5000-8000). The writ petitioner no. 4 had joined on 21st July 1981 as Laboratory Assistant and retired from service w.e.f. 30th November 2011. He did not get promotion to the next higher post of Research Assistant or Assistant Research Officer and was granted the benefits of ACPs on 06th February 2012, in the scale of the next promotional post of Research Assistant & Assistant Research Officer (Rs.5000-8000 & Rs.5500-9000 respectively). The writ petitioner no. 5 had joined his service as Laboratory Khalasi/Attendant on 26th May 1981 and was promoted to the post of Laboratory Assistant w.e.f. 25th January 1986 and got ACP on 03rd October 2006 in the scale of the next promotional post of Research Assistant (Rs.5000-8000). The writ petitioner no. 6 had joined his service as a Laboratory Assistant on 30th June 1981. He did not get 3 any promotion and was granted the benefit of 1st and 2nd ACPs on 08th November 2007 in the scale of the next promotional post of Research Assistant & Assistant Research Officer (Rs.5000-8000 & Rs.5500- 9000). 4. It was the case of the writ petitioners that in the hierarchy of posts after Laboratory Assistant the next higher post was Research Assistant. Thereafter, one gets promoted to Assistant Research Officer, Assistant Director, Deputy Director and Director. The entire hierarchy is mentioned in the notification dated 08th November 1999. The scale of pay for Research Assistant is Rs.5000-8000 and for the post of Assistant Research Officer Rs. 5500-9000 and onwards. Some of the writ petitioners had initially joined the services on the post of Laboratory Attendant and were later on promoted to the post of Laboratory Assistant and some were appointed as Laboratory Assistant and were not granted any promotion and were granted upgradations in pay scale in view of the Circular dated 14th August 2002 issued by the Finance Department of the Government of Jharkhand. It was their further case that since there were recruitment and promotion rules formulated on 08th November 1999 which were adopted by the State of Jharkhand and, therefore, in view of the provisions contained in section 85 of the Bihar Reorganization Act, and on the basis of said recruitment rules, the writ petitioners were granted upgradation in pay scales in pursuance to conditions mentioned in column no.3 (vii) of the Circular dated 14th August 2002. The writ petitioners had already retired. 5. The specific argument of the writ petitioners before the writ Court was that the same and similar issue had been decided by this Court in the case of Shyam Narayan Dubey and others vs. The State of Jharkhand and others in W.P.(S) No.5262 of 2014 and that the case of the writ petitioners was squarely covered by the case of Shyam Narayan Dubey (supra). Though the appellants had raised an objection to the prayer made by the writ petitioners before the writ Court but did not dispute the order passed in the case of Shyam Narayan Dubey (supra) and consequently, the learned writ Court quashed the order impugned dated 11th February 2012 and allowed the writ petition and directed the appellants to refund the recovered amount, if any. 4 6. A copy of the judgment passed in LPA No.99 of 2018 and other analogous cases (The State of Jharkhand and others vs. Shyam Narayan Dubey and others) has been produced before this Court which has been dismissed vide order dated 12th April 2022. 7. by clause 2(3) of the aforesaid resolution dated 14th August 2002 where It has been argued that the writ petitioners were to be governed the promotional post is not determinative or two or less than two promotional avenues are available, such employees are to be governed by schedule-I to the aforesaid resolution dated 14th August 2002. 8. The applicability of recruitment and promotion rules dated 08th November 1999 is not in dispute. By the said recruitment and promotion rules dated 08th November 1999 the Laboratory Assistants were to be promoted and absorbed as Research Assistants in a phased manner. Accordingly, it was the case of the writ petitioners that they were governed by the specific recruitment and promotion rules formulated on 08th November 1999, adopted by the respondent-State of Jharkhand, and in view of the provisions as contained in Section 85 of the Bihar Reorganization Act and on the basis of said recruitment rule dated 08th of November 1999 the writ petitioners have been granted upgradation in pay-scales in terms of the Circular dated 14th August 2002. There is no reason shown by the appellants to discard the aforesaid case of the writ petitioners. It is not in dispute that the writ petitioners have already attained the age of superannuation long back. 9. Before this Court nothing has been shown to dispute the applicability of the order passed in the case of Shyam Narayan Dubey (supra). Further, the Appeal filed by the State in the case of Shyam Narayan Dubey (supra) being LPA No.99 of 2018 and other analogous cases has also been dismissed. 10. Patent Appeal which is hereby dismissed. Consequently, this Court finds no merit in the present Letters (Shree Chandrashekhar, J.) (Anubha Rawat Choudhary, J.) Saurav/Pankaj-