The High Court
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2768 of 2021 ---------- Ram Bihari Prasad Singh, aged about 59 years, s/o Late Guru Ram, X-Ray Technician, Sub-Divisional Hospital, Chas, resident of Qr. No.B/4, Government Residential Colony, Chas, near I.T.I. More, Chas, P.O. and P.S. Chas, District-Bokaro, Jharkhand. … … Petitioner 1. The State of Jharkhand. Versus 2. The Secretary cum Commissioner, Department of Health, Medical Education and Family Welfare, Government of Jharkhand at Nepal House, P.O. and P.S. Doranda, Dist.-Ranchi. 3. The Director in Chief, Health Services, Government of Jharkhand, Nepal House, P.O. and P.S. Doranda, Dist.-Ranchi. 4. The Civil Surgeon-cum-Chief Medical Officer, Bokaro, P.O. and P.S. – B.S. City, Dist.-Bokaro, Jharkhand. 5. The Deputy Superintendent, Sub-Divisional Hospital, Chas, P.O. and P.S. Chas, District-Bokaro, Jharkhand. ------- … … Respondents CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------- For the Petitioner For the Respondents : Mr. Mukesh Kumar, Advocate : Ms. Sweta Shukla, AC to AAG-II ---------------------------- ORAL ORDER 05/Dated: 12th December, 2023. 1. This case has been listed under the heading for ‘Orders (with defect)’. 2. Learned counsel for the petitioner has prayed to ignore the defect. 3. Considered the nature of defect, the same is hereby, ignored.
Legal Reasoning
4. With the consent of the learned counsel for the parties, the case has been heard, at this stage, on merit since the counter affidavit has already been filed by the respondent-State. 5. The instant writ petition has been filed under Article 226 of the Constitution of India for the following reliefs: “(i) For direction upon the respondents to immediately consider and grant the benefit of junior selection grade, senior selection grade as well as 2 super time scale to the petitioner, in accordance with the policy decision of the state government; particularly when the petitioner claimed in regard thereto has always been recommended by the concern authorities; but even then, the respondents have ben sitting tight over the matter, thus denying the benefits of regular promotion of junior selection grade, senior selection grade as well as super time scale to the petitioner; although such and similar benefits have been made available to other state government employees; (ii) For direction upon the Respondents for grant of benefits of IInd MACP with all consequential benefits including increments from 17.03.2008, when the petitioner completed 20 years of regular service, and not from 01.09.2008 as mentioned in Annexure-16; (iii) For direction upon the Respondents to remove the anomaly in fixation of Grade Pay (GP) of IIIrd MACP granted to the petitioner vide Annexure- 16, and to grant the appropriate Grade Pay of Rs.5400/- to the petitioner with all consequential benefits.”
Legal Reasoning
6. So far as the prayer no.(i) is concerned, learned counsel for the petitioner has submitted that since the time bound promotion or junior selection grade or senior selection grade has been rescinded, hence, he is not pressing the instant prayer. 7. So far as the prayer no.(ii) is concerned, direction has been sought for to shift the date of grant of upgradation under MACP w.e.f. 17.03.2008 instead of 01.09.2008. 8. This Court, confronted the learned counsel for the petitioner with the MACP Scheme, which is available on record, whereby and whereunder, the policy decision has been taken by virtue of notification dated 01.09.2009 making the said scheme effective from 01.09.2008. 9. Upon this, learned counsel for the petitioner has submitted that in view of the aforesaid policy decision since the upgradation in pay scale has been decided to be given w.e.f. 01.09.2008 and from that date the upgradation under MACP has been given, hence, he is also not pressing the instant prayer. 10. So far as the prayer no.(iii) is concerned which pertains to direction upon the respondents to remove the anomaly in fixation of Grade Pay of 3rd MACP by granting Grade Pay of Rs.5400/- to the petitioner with all consequential benefits. 11. Such prayer has been made on the basis of the Resolution dated 16.01.2012 as available under Annexure-17. However counter affidavit has been filed which contains no averment with respect to prayer no.(iii). 3 12. The whole grievance of the petitioner regarding this prayer is based upon Annexure-17 dated 16.01.2012. 13. This Court has perused the aforesaid circular and found therefrom that the same is not with respect to the upgradation in pay scale rather the same is with respect to the consideration of the grant of grade pay in a case of substantive promotion. 14. This Court has gone through the MACP scheme, appended as Annexure- 18 dated 01.09.2009, for the purpose to reach to the conclusion regarding the present scheme since the grade pay of Rs.5400/- is being sought for on the basis of upgradation in pay scale under MACP scheme, therefore, the condition stipulated under the MACP scheme is relevant for the purpose which also contains a provision of grant of grade pay. 15. It is evident from Schedule-I appended to the Resolution dated 01.09.2009 which contains reference of Circular No. 660 dated 28.02.2009. 16. This Court has perused the aforesaid resolution and the Schedule-I contained therein. It is evident from the aforesaid resolution contained under Schedule-I, Revised Pay Bands and Grade Pays for posts carrying present scaled in Group ‘A’, ‘B’, ‘C’ & ‘D’. 17. It is further evident therefrom that corresponding Grade Pay is earmarked based upon the present pay scale as also Pay Band. Corresponding pay scale of the petitioner after grant of the benefit of upgradation under MACP Scheme has been given in pay scale of 9300- 34800 with the corresponding grade pay of Rs.4600 which is based upon the second upgradation under MACP scheme which was given w.e.f. 01.09.2008. IIIrd upgradation which was given to the petitioner w.e.f. 17.03.2018 is in the pay scale of Rs.9300-34800/- which is having corresponding Grade Pay of Rs.4800/-. 18. The whole case of the petitioner is based upon the resolution dated 16.01.2012 but since it is a case seeking direction upon the respondents to place the petitioner in the Grade Pay of Rs.5400/- on the basis of IIIrd upgradation under MACP scheme, hence, the circular applicable in the 4 case of substantive promotion will not be applicable in a case of grant of Grade Pay in consequence of upgradation under MACP Scheme rather the Resolution dated 28.02.2009 which contains the revised pay bands and grade pays will be applicable. Therefore, the prayer so made, according to the considered view of this Court, cannot be granted in favour of the petitioner in view of the resolution dated 28.02.2009. For ready reference, the corresponding tabular chart is being reproduced as under: SCHEDULE-I Revised Pay Scale Revised Pay Bands and Grade Pays for posts carrying present scales in Group ‘A’, ‘B’, ‘C’ & ‘D’ except posts for which different revised scales are notified separately. (In Rs.) Present Scale Revised Pay Structure Sl. No. Post/ Grade Present Scale Name of Band/ Scale Corresponding Pay Band/Scales Corresponding Grade Pay 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2 S-1 S-2 3 2550-55-2660-60-3200 2610-60-3150-65-3540 S-2A 2610-60-2910-65-3300- 70-4000 S-3 S-4 S-5 S-6 S-7 S-8 S-9 S-10 S-11 S-12 S-13 S-14 S-15 2650-65-3300-70-4000 2750-70-3800-75-4400 3050-75-3950-80-4590 3200-85-4900 4000-100-6000 4500-125-7000 5000-150-8000 5500-175-9000 6500-200-6900 6500-200-10500 7450-225-11500 7500-250-12000 8000-275-13500 8000-275-13500 (Group A Entry) 9000 4 -1S -1S -1S -1S PB-I PB-I PB-I PB-I PB-I PB-II PB-II PB-II PB-II PB-II PB-II PB-II 5 4440-7440 4440-7440 4440-7440 4440-7440 5200-20200 5200-20200 5200-20200 5200-20200 5200-20200 9300-34800 9300-34800 9300-34800 9300-34800 9300-34800 9300-34800 9300-34800 PB-III 15600-39100 PB-III 15600-39100 9000-275-9550 PB-III 15600-39100 10325-325-10975 PB-III 15600-39100 10000-325-15200 PB-III 15600-39100 10650-325-15850 PB-III 15600-39100 17 New Scale S-16 18 19 20 21 22 S-17 S-18 S-19 S-20 6 1300 1400 1600 1650 1800 1900 2000 2400 2800 4200 4200 4200 4200 4600 4800 5400 5400 5400 5400 6600 6600 6600 5 23 24 25 26 27 28 29 30 31 S-21 S-22 S-23 S-24 S-25 S-26 S-27 S-28 S-29 12000-375-16500 PB-III 15600-39100 12750-375-16500 PB-III 15600-39100 12000-375-18000 PB-III 15600-39100 14300-400-18300 PB-IV 37400-67000 15100-400-18300 PB-IV 37400-67000 16400-450-20000 PB-IV 37400-67000 16400-450-20900 PB-IV 37400-67000 14300-450-22400 PB-IV 37400-67000 18400-500-22400 PB-IV 37400-67000 7600 7600 7600 8700 8700 8900 8900 10000 10000 19. This Court, in view of the aforesaid fact, is of the view that the petitioner has got no right to be considered for pay band of Rs.5400/- for the reason stated hereinabove. 20. Accordingly, the instant writ petition, so far as the prayer no.(iii) is concerned, is hereby, dismissed.
Decision
21. Pending interlocutory application(s), if any, also stands disposed of. Saurabh/- (Sujit Narayan Prasad, J.)