Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2932 of 2014 Lali Ram ….. Petitioner Versus The State of Jharkhand & Others ….. Respondents ----- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ----- For the Petitioner - Mr. S.K.Dwivedi For the Respondents - Mr. Rajesh Shankar ----- 3/24.2.2015 Learned counsel for the petitioner is directed to implead the Secretary, Department of Finance, Government of Jharkhand, Ranchi as respondent No.10 in this writ petition. The petitioner has approached this Court for the following reliefs: - i) To issue an appropriate writ in the nature of mandamus commanding upon the respondents to sanction/provide annual increment in the pay of the petitioner after transfer from Galudih. ii) To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondents to sanction the earned leave w.e.f. 20.2.2008 to 31.3.2008 while posted in Koderma and 1.8.2009 to 15.9.2009 while posted in Sahibganj and pay for the said period. iii) To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondents to provide the benefit of 1st ACP and grant the 2nd ACP to the petitioner. iv) To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondents to provide the benefit of 6th Pay Commission and its arrear. v) To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondents to sanction and pay the various T.A. Bills of the petitioner. vi) To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondents to provide the pay for the period of waiting for posting. vii) To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondents to start the salary of the petitioner forthwith which has been stopped since March, 2014. viii) To issue an appropriate writ including a writ in the nature of mandamus commanding upon the respondents to transmit the service book of the petitioner from Jharkhand Education Project, Koderma to Ghatsila. Learned counsel for the petitioner has submitted that the prayer Nos.1 & 2 have already been redressed. So far as the other prayers are concerned, the submission has been made that the same have not yet been considered and decided. With respect to these prayers, the submission has been made on behalf of the petitioner that the petitioner is posted as Assistant Engineer / Sub-divisional Officer in the office of the Executive Engineer, Minor Distribution Division No.10, Ghatshila. The submission has been made that the petitioner has been allowed the benefit of first financial upgradation under A.C.P. Scheme vide order dated 11.11.2006, but till date no monetary benefit has been given to the petitioner. Further grievance of the petitioner is that in the meanwhile, he has also become entitled to be given the second financial upgradation under A.C.P. Scheme, which is not being considered by the respondents while the petitioner is fulfilling all the conditions. Further grievance of the petitioner is that the State of Jharkhand has implemented the recommendation of the 6th Pay Revision Committee with effect from 01.01.2006 and as such the petitioner has become entitled to be given the benefit of revision in the pay scale, which has also not been given to the petitioner. The petitioner has also prayed for sanction and release of T.A bills. The salary of the petitioner has also been stopped since the month of March, 2014. Learned counsel for the petitioner has relied upon one communication dated 05.04.2014, issued under the signature of the Executive Engineer, Minor Distribution Division No.10, Ghatshila, addressed to the petitioner, whereby the concerned Executive Engineer has made request to the petitioner to take appropriate steps for getting the pay slip from the Finance Department. Learned counsel for the petitioner submitted that it is the duty of the concerned authority to transmit the pay slip at the place of posting of the petitioner. It is not the duty of the petitioner to approach the Finance Department for getting the pay slip. However, since the petitioner is not being paid his salary, he had also made request to the Executive Engineer to release the salary by taking necessary efforts for getting the pay slip from the Finance Department. Hence, it is submitted that due to laches or fault on the part of the respondents, the petitioner is not being paid his salary since March, 2014, while the Last Pay Certificate of the petitioner is lying with the Finance Department and the same has not been sent to the place of posting of the petitioner and as such the respondents have not paid salary to the petitioner for one year in absence of the pay slip, as would appear from Annexure-13 to the writ petition. So far as relief Nos. 3, 4, 5 and 6 are concerned, the petitioner is given liberty to approach the Principal Secretary, Water Resources Development Department, Government of Jharkhand, Ranchi (respondent No.2) by filing representation within three weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondent No.2 shall take a decision regarding the prayer of release of monetary benefit under 1st A.C.P scheme taking into consideration the fact that the department has already passed an order to that effect on 11.11.2006 (Annexure-2), but monetary benefit has not yet been given, within a period of eight weeks from the date of receipt of representation. So far as the other prayers with respect to consideration and grant of benefit of 2nd A.C.P, revision in terms of recommendation of 6th Pay Revision Committee and payment of the amount pertaining to T.A bills, the respondent No.2 shall take a decision within a period of eight weeks from the date of receipt of representation. If the petitioner's claim(s) is/are found genuine, the monetary benefits shall be released in his favour within further period of six weeks. So far as the grievance of the petitioner that he is not getting his salary since March 2014, the respondent No.2 shall look into the matter and shall make appropriate correspondence to the Secretary, Department of Finance, Government of Jharkhand, Ranchi (respondent No.10) for sending the pay slip of the petitioner to the