Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.2170 of 2015 =============================================================== 1. Shailesh Kumar Singh, son of late Rajendra Prasad Singh.
2. Sheoji Goswami, son of late Ramanand Goswami. … … Petitioner VERSUS1 The State of Jharkhand through its Secretary/ Principal Secretary, Human Resource Development Department, having its office at Project Building, Dhurwa, P.o. & P.S. Dhurwa, District Ranchi.
2. The Director, Secondary Education, Department of Human Resource Development, Govt. of Jharkhand, Ranchi.
3. The Secretary/ Principal Secretary, Department of Finance, Govt. of Jharkhand, Ranchi.
4. The Regional Deputy Director of Education (RDDE), Kolhan Division, Chaibasa. … ... Respondents. =============================================================== For Petitioner : Mr. Manoj Tandon, Advocate Mr. Shiv Shankar Kumar, Advocate For Respondent-State : Mrs. Richa Sanchita, S.C.-V Ms. Ruchi Rampuria, JC to Sr. SC-I =============================================================== With W.P. (S) No.5123 of 2014 =============================================================== 1. Yaswan Kumar Singh, son of late Bhola Prasad Singh.
2. Satish Kumar Mahto, son of late Anant Kumar Mahto.
3. Rup Narayan Pat Pingua, son of late Sega Ram Pingua.
4. Sanjay Kumar Singh, son of late Umanath Singh.
5. Pirthi Hansdah, son of late Barish Hansdah.
6. Govind Singh Munda, son of late Srinath Singh Munda.
7. Jawahal Lal Munda, son of late Mohan Lal Munda.
8. Manik Lal Mahto, son of late Rajnikant Mahto.
9. Pitambhar Munda, son of late Prafula Kumar Munda.
10. Sadanand Nag, son of late Mangra Nag.
11. Rakesh Kumar, son of late Satyanarayan Lal Das.
12. Arvind Kumar, son of Sri Kedar Nath Prasad 13. Gauri Shankar Dutta, son of late Dhirendra Nath Dutta. 2 14. Basant Lal Manjhi, son of late Chandra Mohan Manjhi.
15. Dipak Kumar Tamsoy, son of late Ramdeo Tamsoy.
16. Sadhu Charan Purti, son of late Gardi Purti.
17. Manas Kumar Das, son of late Nitai Chand Das.
18. Dinesh Kumar Pradhan, son of late Akshya Pradhan.
19. Subhash Chandra Bose, son of late Vindeshwari Prasad.
20. Mahendra Kumar Sharma, son of late Yamuna Prasad Sharma.
21. Deepak Kumar Sardar, son of late Abdal Singh Sardar.
22. Aasif Eqbal, son of late Abul Kalam. … … Petitioners VERSUS1 The State of Jharkhand through its Secretary/ Principal Secretary, having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
2. The Director, Secondary Education, Department of Human Resource Development, Govt. of Jharkhand, Ranchi.
3. The Secretary/ Principal Secretary, Department of Finance, Govt. of Jharkhand, Ranchi.
4. The Regional Deputy Director of Education (RDDE), Kolhan Division, Chaibasa. … ... Respondents. =============================================================== For Petitioners : Mr. Manoj Tandon, Advocate Mr. Shiv Shankar Kumar, Advocate For Respondent-State : Mr. Rajiv Anand, GA-IV Ms. Rakhi Rani, Advocate =============================================================== CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK13 13.11.2017 Heard learned counsel for the petitioners and learned counsel for the respondents.
2. Since facts in both the writ petitions are same and similar, they are disposed of with a common order.
3. The petitioners have approached this Court with a prayer for grant of 1st and 2nd ACPs in the scale of Rs.5000-8000/- and Rs.5500-9000 respectively. Further prayer has been made to modify the office orders whereby, the ACPs granted to the petitioners has been fixed at a lower pay- scale than their entitlement. 3
4. The factual exposition as has been delineated in these writ petitions are that the petitioners belonged to the cadre of Secretariat Service in Sub- ordinate Office in the State of Jharkhand. The services of the petitioners were initially governed by the Rule known as Education Secretariat Services (Classification, Appointment, Promotion & Transfer) Rules, 1974. A circular dated 15.01.1977 was issued by the Education Department of Unified State of Bihar by which the Rules known as Education Secretariat Services (Classification, Appointment, Promotion & Transfer) Rules, 1974 was framed. From perusal of the said Rules, it is explicitly clear that there are at least two ladders of promotion. Clause-2 of the said Circular stipulated that lower division clerk would be entitled for pay scale of Rs.220-315; upper division clerk would be entitled to pay-scale of Rs.284-372; and the clerk of selection grade would be entitled to the pay-scale of Rs.340-490. The said circular was made effective from 01.01.1971. The other Circulars of the Government also unequivocally stated that there were at least two ladders of promotion. There is no dispute regarding contention of the petitioners as well as to the circulars, as stated in the writ petition. The petitioners were appointed as clerks in the Subordinate Office of Education Department now School Education and Literacy Department. A detailed chart regarding their date of appointments, initial pay-scales and the present status is reproduced herein below:- W.P.(S). No.2170 of 2015 Sl. Name of the petitioners Date of initial Pay-scale at Present place of No. appointment the time of posting appointment
01. Shailesh Kumar Singh 01.08.1978 Rs.220-315 Retired on 31.07.14 from the office of DSE, Chaibasa
02. Sheoji Goswami 24.06.1985 Rs.580-860 Retired from the office of DEO, Chaibasa. W.P.(S). No. 5123 of 2014 Sl. Name of the petitioners Date of initial Pay-scale at Present place of No. appointment the time of posting appointment
01. Yaswant Kumar Singh 06.01.2000 4000-100- Office of DSE, 6000 Jamshedpur
02. Satish Kumar Mahto 18.03.1991 1200-1800 Office of DSE, East Singhbhum
03. Rup Narayan Pat Pingua 01.04.1991 1200-1800 Office of Govt. High School, Jaganathpur.
04. Sanjay Kumar Singh 03.08.1993 1200-1800 Office of DSE, Jamshedpur 4
05. Pirthi Hansdah 15.01.1998 1200-1800 Office of Govt. Girl High School, Chaibasa
06. Govind Singh Munda 10.09.1998 1200-1800 Office of DSE, East Singhbhum
07. Jawahar Lal Munda 29.01.1999 1200-1800 Office of RDDE, Kolhan Division
08. Manik Lal Mahto 11.05.1999 4000-100- Office of DSE, 6000 Jamshedpur
09. Pitambhar Mahto 07.01.2000 4000-100- Office of DSE, 6000 Jamshedpur
10. Sadanand Nag 11.01.2000 4000-100- Office of DSE, 6000 Jamshedpur
11. Rakesh Kumar 11.05.2000 4000-100- Office of DSE, 6000 Jamshedpur
12. Arvind Kumar 04.06.2001 4000-100- Office of DSE, 6000 Jamshedpur
13. Gauri Shankar Dutta 22.04.1988 580-860 Office of DSE, Jamshedpur
14. Basant Lal Manjhi 10.10.1998 1200-1800 Office of Sub- divisional Education Officer, Jamshedpur
15. Deepak Kumar Tamsoy 20.12.1997 1200-1800 Office of DSE, Chaibasa
16. Sadhucharan Purti 18.01.1999 1200-1800 Office of DSE, Chaibasa
17. Manan Kr. Das 21.07.2000 4000-100- Office of DSE, 6000 Jamshedpur
18. Dinesh Kumar Pradhan 17.05.1991 1200-1800 Office of DSE Seraikella- Kharsawan
19. Subhash Chandra Bose 18.07.1994 1200-1800 Office of Sub- divisional Education Officer, Jamshedpur.
20. Mahendra Kumar Sharma 04.06.1998 1200-1800 Office of DSE, Jamshedpur 21. Deepak Kumar Sardar 02.06.2000 4000-100- Office of DSE, 6000 Jamshedpur 22. Asif Eqbal 27.03.2000 4000-100- Office of DSE, 6000 Chaibasa.
5. The earlier promotional prospects of the employees as envisaged in the 4th Pay Commission was abolished by coming into existence of the 5th Pay Revision with effect from 01.01.1996, and monetary benefits in the 5th pay revision was given effect from 01.04.1997. Considering all the aspects regarding pay-revision, the government circulars, guidelines, rules framed for the cadre of the petitioners, the Regional Deputy Director of Education, South Chhotanagpur Division, Ranchi vide memo No. 860 dated 05.07.2002 took decision to grant the pay-scale of Rs.5000-8000 to the employees of senior selection grade and Rs.4000-6000 to the employees who were in the feeder 5 category. This decision of the RDDE, South Chhotanagpur Division, Ranchi dated 05.07.2002, therefore, specifically stipulated the two ladders of promotions, first in the junior selection grade and second, in the senior selection grade and the same was made effective from 01.01.1996, as is evident from the decision dated 05.07.2002. It is further stated that Kolhan Division, where the petitioners are working was the part and parcel of the South Chhotanagpur Division, Ranchi at the time of aforesaid decision of RDDE, Ranchi as contained in memo No. 860 dated 05.07.2002. State of Jharkhand thereafter came out with Assured Career Progression (ACP) Scheme by resolution No. 5207 dated 14.08.2002 issued by the Finance Department, Govt. of Jharkhand. This resolution stipulates that the 1st ACP shall be granted to employees, who have completed 12 years of their services without any regular promotion. Similarly, an employee would be entitled for 2nd ACP on completion of 24 years of services without any promotion. Vide office order contained in memo No. 1110 dated 14.06.2003, the RDDE, South Chhotanagpur Division, Ranchi granted the scale of Rs.4500-7000 by way of junior selection grade, which is in consonance with the first ladder of promotion. It is further stated that vide memo No. 1109 dated 14.06.2003, the RDDE, South Chhotanagpur Division, Ranchi extended the benefits of regular promotion in the scale of Rs.5000-8000 to employees of Education Secretariate Services. This promotion in the scale of Rs.5000-8000 was granted in consonance with the second ladder of promotion, known as senior selection grade. Meanwhile, the State Govt. came out with resolution dated 21.09.2007, whereby the pay-scale of the employees of the Muffasil Establishment was replaced and in place of existing pay-scale of Rs.4500-7000 (Junior Selection Grade), pay-scale of Rs.5000-8000 (Senior Selection Grade) was granted w.e.f. 01.01.1996. Thereafter, Kolhan division was created in the year 2008 i.e. after 05.07.2002. In view of the various circulars, guidelines, policy decision of the government, the Regional Deputy Director of Education, South Chhotangapur Division, Ranchi granted two ACPs to the clerks posted within their jurisdiction. 1st ACP was granted in the pay-scale of Rs.5500-9000 as per resolution dated 08.02.1999 and 21.09.2007, which was effective from 01.01.1996, which are evident from corrigendum order dated 18.05.2011. It is the specific case of the petitioners that despite the aforesaid facts, government circulars, policy decision, rules, which unequivocally suggest that two ladders of promotion were available to the cadre of clerks and they were entitled for grant of 1st ACP in the scale of Rs.5000-8000 and Rs.5500-9000 respectively, 6 the present RDDE, Kolhan Division, Chaibasa vide different office orders dated 30.12.2014 and dated 29.09.2014 has granted 1st ACP in the scale of Rs.4500-7000 and 2nd ACP in the pay-scale of Rs.5000-8000 to the petitioners.
6. Aggrieved by this discrimination of the RDDE, the petitioners represented before the Regional Deputy Director of Education, Kolhan Division, Chaibasa for modifying office orders dated 30.12.2014 and 29.09.2014 for granting the benefits of 1st and 2nd ACPs to the petitioners in the pay-scale of Rs.5000-8000 and Rs.5500-9000 respectively, but no decision has been taken as yet. Hence, the petitioners have knocked the door of this Court for grant of benefits of 1st and 2nd ACPs in the scale of Rs.5000-8000 and Rs.5500-9000 respectively to them.
7. Mr. Manoj Tandon, learned counsel for the petitioners assisted by Mr. Shiv Shankar Kumar strenuously urges that petitioners are entitled for the benefits of 1st ACP in the scale of Rs.5000-8000 and 2nd ACP in the scale of Rs. 5500-9000. Learned counsel further argued that no discrimination can be made on the ground that petitioners, who were earlier part of the Ranchi Division, have been posted in Kolhan Division and hence, they are entitled for the same benefits which the other similarly situated persons have been given. Learned counsel draws the attention of the Court towards para-6 of the rejoinder to the counter-affidavit filed by the respondents and submits that similarly situated persons have been granted the benefits of 1st and 2nd ACP in the pay-scale of Rs.5000-8000 and Rs.5500-9000 respectively and as such, cases of the petitioners should also be considered and the benefits of 1st and 2nd ACPs should be extended to them as has been given to similarly situated persons as mentioned in para-6.
8. Per contra, counter-affidavit has been filed by respondents. Ms. Ruchi Rampuria, learned JC to Sr. SC-I vehemently opposes the contention of the learned counsel for the petitioners and argues that petitioners have already been considered for the benefits of ACP and they have already been granted the benefits for which they are entitled for and if at all, they are aggrieved by any other pay-scale, their cases may be considered by the respondents in view of order passed by this Court. Learned counsel further submits that no specific counter-affidavit has been filed till date in view of earlier order dated 06.10.2015 of this Court and as such, suffice it would be if the petitioners represent before the respondent-State drawing the attention of the State regarding pay-scale granted to the similarly situated persons and if they are found at the same footing, the decision shall be taken by the respondents 7 within a specified period.
9. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the cases of the petitioners need consideration. Since there was specific order of this Court in view of the counter-affidavit filed earlier to take a decision regarding the contention of the petitioners that they are similarly situated to Sri Shridhar Jha, Sri Sonaram Deogham and Sri Awadh Kishor and these three persons are enjoying the benefits of 1st ACP in the scale of Rs.5000-8000 and 2nd ACP in the scale of Rs.5500-9000 but till date no affidavit to that extent has been filed by the respondent. On perusal of the relevant records, this Court is of the view that suffice it would be if the respondents are directed to take a decision in view of the specific contention of the learned counsel for the petitioners and not disputed by the respondents and if the cases of the petitioners are found to be same and similar to those persons named in para-6 of the rejoinder, the respondents are directed to pay the same benefits regarding 1st and 2nd ACP which has been given to other similarly situated persons.
10. With the aforesaid observations and directions, the writ petitions stand disposed of.
11. Needless to say let a decision in that regard be taken within a period of six weeks from the date of receipt/ production of a copy of this order and if the petitioners are found fit for the said benefits, the same may be extended to them within a further period of four weeks. (Dr. S.N. Pathak, J.) kunal/-