The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1280 of 2012 1.Sanjay Kumar 2.Akhilesh Prasad 3.Lila Devi 4.Suresh Prasad 5.Gulam Mohammad Mustafa 6.Pradip Singh Deb 7.Shyam Singh … Petitioners Vs. 1.The State of Jharkhand through the Chief Secretary, Project Building, H.E.C Limited, District-Ranchi, Jharkhand 2.The Secretary, Human Resources Development Department, Government of Jharkhand, Project Building, District-Ranchi, Jharkhand 3.The Secretary, Finance & Commercial Taxes Department, Government of Jharkhand, District-Ranchi, Jharkhand 4.The Cabinet Secretary, Cabinet and Coordination Department, State of Jharkhand, HEC Colony, District-Ranchi, Jharkhand 5.The Director, Secondary Education-cum-Joint Secretary, Government of Jharkhand, Project Building, District-Ranchi, Jharkhand … Respondents ---------- For the Petitioner
Legal Reasoning
CORAM: HON'BLE DR. JUSTICE S.N.PATHAK : Mr. Saurabh Shekhar, Advocate Ms. Shail Lakra, Advocate : Mr. Arun Kr. Dueby, AC to GA-III For the Resp-State 12/ 17.01.2024 Heard the parties. ----------- 2. Petitioners have thrown challenge upon the order dated 09.02.2012 by which the pay-scale of the petitioners have reduced to Rs.3050-4590, whereas their absorption as per Annexure-2 was in the scale of Rs.4,000-6000/-. The petitioners are claiming pay-scale of Rs.4,000-6000/-. 3. Petitioners were originally working under Non-Formal Education Scheme under the erstwhile State of Bihar and have performed their duties for long period without any break in service and were paid regular salary. As per the Government policy the Non-Formal Education Scheme was decided to be closed with effect from 01.04.2001 and thereafter all the employees including petitioners were ousted but State of Bihar took a decision for absorbing all the employees, working under the Non-Formal Education Scheme in the regular establishment of the Government and accordingly as per the decision of the Cabinet all the persons working under the State of Bihar, have already been absorbed in regular establishment with pay protection. In view of the decision by -2- the State of Bihar regarding absorption, the State of Jharkhand took a decision duly approved by the Cabinet for absorbing all the petitioners including others who were working under Non-Formal Education Scheme under regular establishment and thereafter the decision of the State of Jharkhand was notified vide Circular as contained in Memo No.824 dated 30.05.2007, whereby different pay-scale for different categories of posts were specified. It was of the Cabinet of the State of Jharkhand to grant the pay-scale of Rs.4,000-6,000/- to the petitioners upon their absorption in regular establishment which was dully approved and accordingly ordered by his Excellency the Governor of Jharkhand with a direction to the concerned authorities to execute the said decision in the State of Jharkhand. Though the orders of the Cabinet approval by his Excellency the Governor of Jharkhand was circulated in all the departments for implementation and execution but surprisingly when the petitioners went to join their respective departments, their joining were not accepted and thereafter fresh appointment letters were issued with amendment in the pay-scale. Earlier the petitioners were ordered to be absorbed in the pay-scale of Rs.4,000-6000/- but later on same was modified and petitioners were directed to join by accepting the pay-scale of Rs.3050-4590/-. Aggrieved by the same petitioners made several representations before the authorities but the same were not considered. Though the petitioners have joined the respective posts but they have knocked the door of this Court for redressal of the grievances since as per the absorption order of the petitioners, they are entitled for pay-scale of Rs.4,000-6,000/- and hence this writ petition. 4. Learned counsel for the petitioners urges that petitioners are entitled for the pay-scale of Rs.4,000-6,000/-. It has further been argued by drawing the attention of the Court towards Annexure-2 of the writ petition that as per the absorption letter issued by the State of Jharkhand duly affirmed by his Excellency the Governor of Jharkhand and circulated to all the departments, the joining of the petitioners ought to have been considered in the pay-scale of Rs.4,000-6,000/-. Learned counsel further submits that when the decision has been taken by the Cabinet of the State Government, the same could not be reviewed by the Finance Department. It has further been argued that it is not the case of the petitioners that in the pay-scale in which petitioners’ joining has been accepted was not different from what was approved by his Excellency the Governor of Jharkhand. Learned counsel further submits that even admissible pay-scale of the petitioners cannot be decided by the Finance Committee. In -3- view of the order and direction of this Court the same ought to have been decided by the High Power Committee as to what pay-scale petitioners are entitled for. Learned counsel further submits that the liberty may be given to the petitioners to approach the High Power Committee through the Department for taking a decision regarding the pay-scale which they are entitled for. 5. On the other hand, learned counsel for the respondents-State justifying the impugned order submits that admittedly petitioners have joined on the post of Lower Division Clerk and as such they are entitled for the pay-scale of Rs.3050-4590/- not the pay-scale of Rs.4,000-6,000/-. Learned counsel further submits that a decision has been taken by the Director Secondary Education- cum-Joint Secretary of the State of Jharkhand which is fully justified and there is no any illegality or infirmity in the order. 6. Having gone through the rival submission of the parties, this Court is of the view that admittedly as per the decision taken by the Cabinet, petitioners were entitled for the pay-scale in which they were directed to be absorbed. However, the same has been reviewed and they have been forced to join and
Decision
accept the lower pay-scale of Rs.3050-4590/-. From perusal of the writ petition and various documents brought on record, it transpires that it was the Government which took decision for absorbing the petitioners in the pay-scale of Rs.4,000-6,000/- not Rs.3050-4590/-. Whenever a decision is taken by the Government and the Cabinet approval is there, the same may be reviewed. If there are valid reasons for reviewing it, by the Cabinet itself. The Finance Department or the Joint Secretary of the Secondary Education is not empowered to review the decision taken by Cabinet. However, since the matter relates to pay anomaly this Court deem it fit to refer the matter to High Court Committee. This Court in W.P.(S) No.1820 of 2017 and analogous cases has clearly held that matter regarding pay-scale has to be decided by High Power Committee. In view of order passed in W.P.(S) No.1820 of 2017 and analogous cases, I hereby direct the petitioners to file representation before the concerned authority who in turn shall refer the matter to the committee upon scrutiny. The Committee is directed to take a decision in the matter in accordance with law as per the observation of this Court and taking into consideration Annexure-2 to the writ petition whereby it has been clearly mentioned that petitioners have been absorbed in the regular establishment in the pay-scale of Rs.4,000-6,000/-, within a period of six weeks thereafter. -4- 7. Impugned order at Annexure-9 dated 09.02.2012 is hereby quashed and set aside. 8. Accordingly, the writ petition stands disposed of. Rohit/- (Dr. S.N. Pathak, J.)