Shiv Kumar Sah and Anr Vs. State of Jharkhand and Ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/76666
CourtJharkhand High Court
Decided OnAug-24-2016
AppellantShiv Kumar Sah and Anr
RespondentState of Jharkhand and Ors
Excerpt:
in the high court of jharkhand at ranchi w.p.(s) no. 2745 of 2015 ------- 1. shiv kumar sah 2. akhilesh oraon .… petitioners -versus- 1. state of jharkhand.2. principal chief conservator of forest, ranchi.3. chief conservator of forest-cum-regional director, wairadh project, medini nagar, palamu.4. divisional forest officer, daltonganj, palamu. ..... respondents with w.p.(s) no. 4611 of 2015 ------- vishwanath ram .… petitioner -versus- 1. the state of jharkhand through commissioner-cum-secretary, finance department, government of jharkhand, ranchi.2. principal chief conservator of forest, ranchi.3. the regional conservator of forest, daltonganj.4. the conservator of forest, daltonganj.5. the divisional forest officer, daltonganj. ..... respondents ------- coram : hon’ble mr. justice h.c.mishra ------- for the petitioners : : m/s. parwez ahmad khan for the respondents : : m/s. manoj kr. no. 3 vikash kishore prasad ------- 09/ 24.08.2016. as common questions are involved in both these writ applications, they are taken up together and decided by this common order.2. heard learned counsel for the petitioners and the learned counsels for the respondent state.3. the petitioners were appointed as non-matriculate vanrakshi (forest guards) between the year 1977-1980 and they have since retired from service. by order no. 81 dated 21.07.2014 as contained in annexure-1 to w.p. (s) no. 4611 of 2015, and by order nos. 41and 42 dated 05.07.2014 as contained in annexure-1 and annexure-1/1 in w.p.(s) no. 2745 of 2015, the petitioners were granted gr. pay of rs.4,600/- in pay band of rs.9,300-34,800/- and their salaries were fixed accordingly. the petitioners are aggrieved by the fact that subsequently, by order as contained in memo no. 167 dated 09.02.2015 (annexure-2 to w.p.(s) no. 4611 of 2015) and by orders nos. 19 and 14 dated 20.03.2015 as contained in annexure-2 and annexure 2/1 to w.p.(s) no. 2745 of 2015, their gr. pay have been re-fixed to rs.4,200/-.4. learned counsel for the petitioners have submitted that the gr. pay of the petitioners have been wrongly re-fixed at rs.4,200/- at the place of rs.4,600/- and accordingly, it is a fit case in which the orders issued by the respondent authorities as contained in annexure-2 and annexure-2 series in both the writ applications are fit to be quashed. it is also submitted by learned -2- counsel for the petitioners that the petitioners were duly qualified for promotion to the post of forester, in the next higher pre-revised pay scale of rs.5,500-9,000/- and were entitled to the gr. pay of rs.4,600/- in pb of rs.9,300-34,800/-.5. learned counsels for the state on the other hand have opposed the prayer and have drawn the attention of this court towards annexure-m to the counter affidavit filed by the respondent-state in w.p.(s) no. 2745 of 2015, which is an order contained in memo no. 765 dated 24.04.2014, passed by a duly constituted screening committee, wherein the benefits of the a.c.ps. to the forest guards were considered by the screening committee, pursuant to an order passed this court in a writ application. it is stated in the said order that in case of non-matriculate forest guards the benefits of the a.c.ps. shall be applicable as follows:- (i) 1st a.c.p. w.e.f. 09.08.1999 in the pay-scale of rs.4,000-6,000/- (ii) 2nd a.c.p. payable w.e.f. 26.02.2003 in the pay-scale of rs.4,500- 7,000/-, upon completion of 24 years of continuous service. (iii) 3rd m.a.c.p. payable w.e.f. 26.02.2009 upon completion of 30 years of continuous service in the gr. pay of rs.4,200/- in pb of rs.9,300-34,800/-.6. learned counsels for the state have also brought on record the fitment table approved by the finance department on 13.08.2014, as annexure-‘o’ to the counter affidavit, in which a table has been given, showing that the employees working in the pre-revised pay-scale of rs.4,500-7,000 and revised pay-scale of rs.6,500-10,500/- shall be entitled to gr. pay of rs.4,200/- in pb of rs.9,300-34,800/-, whereas the employees working in the pre-revised pay- scale of rs.5,500-9,000/- and revised pay-scale of rs.7,450-11,500/- shall be entitled to gr.-pay of rs.4,600/- in pb of rs.9,300-34,800/-. it is also pointed out by learned counsels for the state that the annexure-2 as well as annexure-2 series to both the writ applications clearly show that the petitioners at the relevant time were working in the pay-scale of rs.4,500-7,000/- and accordingly, their salary has been fixed in the gr. pay of rs.4,200/- in pb of rs.9,300-34,800/-. learned counsel accordingly, submitted that there is no illegality in the impugned orders as contained in annexure-2 and annexure-2 series to both these writ applications.7. having heard learned counsels for both the sides and upon going through the record, i find that the petitioners were working in the pre revised pay-scale of rs.4,500-7,000/-, being non-matriculate forest guards. accordingly, in the revised pay-scale their salary was fixed in the pay-scale of rs.6,500-10,500/- w.e.f. 01.012006 and in the revised pay-scale, they were granted gr. pay of rs.4200/- in pb of rs.9,300-34,800/-. though learned counsel for the petitioners claim that the petitioners were entitled to pay-scale -3- of rs.5,500-9,000/- in the pre-revised pay-scale, but no document has been brought on record to show that the petitioners were ever promoted to any post having the pre-revised pay-scale of rs.5,500-9,000/-, nor this writ application has been filed claiming the pre-revised pay-scale of rs.5,500-9,000/-. in this writ application the petitioners are only claiming the gr. pay of rs.4600/-, which was granted to the petitioners in the existing pre revised pay scale of rs.4,500-7,000/-. the documents brought on record by the petitioners clearly show that at the relevant time they were working in the pre-revised pay-scale of rs.4,500-7,000/- and accordingly, in view of the fitment table as approved by the finance department on 13.08.2014, as contained in annexure-‘o’ to the counter-affidavit filed in w.p.(s) no. 2745 of 2015, the salary of the non-matriculate forest guards have been rightly fixed by the screening committee, giving them the gr. pay of rs.4200/-, and accordingly, the modified orders as contained in annexure-2 and annexure-2 series to both these writ applications were issued. i do not find any illegality in the re-fixation of the gr. pay of the petitioners.8. there is no merit in these writ applications and both these writ applications are accordingly, dismissed. (h.c.mishra, j.) d.s.
Judgment:

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2745 of 2015 ------- 1. Shiv Kumar Sah 2. Akhilesh Oraon .… Petitioners -Versus- 1. State of Jharkhand.

2. Principal Chief Conservator of Forest, Ranchi.

3. Chief Conservator of Forest-cum-Regional Director, Wairadh Project, Medini Nagar, Palamu.

4. Divisional Forest Officer, Daltonganj, Palamu. ..... Respondents With W.P.(S) No. 4611 of 2015 ------- Vishwanath Ram .… Petitioner -Versus- 1. The State of Jharkhand through Commissioner-cum-Secretary, Finance Department, Government of Jharkhand, Ranchi.

2. Principal Chief Conservator of Forest, Ranchi.

3. The Regional Conservator of Forest, Daltonganj.

4. The Conservator of Forest, Daltonganj.

5. The Divisional Forest Officer, Daltonganj. ..... Respondents ------- CORAM : HON’BLE MR. JUSTICE H.C.MISHRA ------- For the Petitioners : : M/s. Parwez Ahmad Khan For the Respondents : : M/s. Manoj Kr. No. 3 Vikash Kishore Prasad ------- 09/ 24.08.2016. As common questions are involved in both these writ applications, they are taken up together and decided by this common order.

2. Heard learned counsel for the petitioners and the learned counsels for the respondent State.

3. The petitioners were appointed as non-matriculate Vanrakshi (Forest Guards) between the year 1977-1980 and they have since retired from service. By order No. 81 dated 21.07.2014 as contained in Annexure-1 to W.P. (S) No. 4611 of 2015, and by order Nos. 41and 42 dated 05.07.2014 as contained in Annexure-1 and Annexure-1/1 in W.P.(S) No. 2745 of 2015, the petitioners were granted Gr. Pay of Rs.4,600/- in Pay Band of Rs.9,300-34,800/- and their salaries were fixed accordingly. The petitioners are aggrieved by the fact that subsequently, by order as contained in memo No. 167 dated 09.02.2015 (Annexure-2 to W.P.(S) No. 4611 of 2015) and by orders Nos. 19 and 14 dated 20.03.2015 as contained in Annexure-2 and Annexure 2/1 to W.P.(S) No. 2745 of 2015, their Gr. Pay have been re-fixed to Rs.4,200/-.

4. Learned counsel for the petitioners have submitted that the Gr. Pay of the petitioners have been wrongly re-fixed at Rs.4,200/- at the place of Rs.4,600/- and accordingly, it is a fit case in which the orders issued by the respondent authorities as contained in Annexure-2 and Annexure-2 series in both the writ applications are fit to be quashed. It is also submitted by learned -2- counsel for the petitioners that the petitioners were duly qualified for promotion to the post of Forester, in the next higher pre-revised pay scale of Rs.5,500-9,000/- and were entitled to the Gr. Pay of Rs.4,600/- in PB of Rs.9,300-34,800/-.

5. Learned counsels for the State on the other hand have opposed the prayer and have drawn the attention of this Court towards Annexure-M to the counter affidavit filed by the respondent-State in W.P.(S) No. 2745 of 2015, which is an order contained in memo No. 765 dated 24.04.2014, passed by a duly constituted Screening Committee, wherein the benefits of the A.C.Ps. to the Forest Guards were considered by the Screening Committee, pursuant to an order passed this Court in a writ application. It is stated in the said order that in case of non-matriculate Forest Guards the benefits of the A.C.Ps. shall be applicable as follows:- (i) 1st A.C.P. w.e.f. 09.08.1999 in the pay-scale of Rs.4,000-6,000/- (ii) 2nd A.C.P. payable w.e.f. 26.02.2003 in the pay-scale of Rs.4,500- 7,000/-, upon completion of 24 years of continuous service. (iii) 3rd M.A.C.P. payable w.e.f. 26.02.2009 upon completion of 30 years of continuous service in the Gr. Pay of Rs.4,200/- in PB of Rs.9,300-34,800/-.

6. Learned counsels for the State have also brought on record the Fitment Table approved by the Finance Department on 13.08.2014, as Annexure-‘O’ to the counter affidavit, in which a table has been given, showing that the employees working in the pre-revised pay-scale of Rs.4,500-7,000 and revised pay-scale of Rs.6,500-10,500/- shall be entitled to Gr. Pay of Rs.4,200/- in PB of Rs.9,300-34,800/-, whereas the employees working in the pre-revised pay- scale of Rs.5,500-9,000/- and revised pay-scale of Rs.7,450-11,500/- shall be entitled to Gr.-pay of Rs.4,600/- in PB of Rs.9,300-34,800/-. It is also pointed out by learned counsels for the State that the Annexure-2 as well as Annexure-2 series to both the writ applications clearly show that the petitioners at the relevant time were working in the pay-scale of Rs.4,500-7,000/- and accordingly, their salary has been fixed in the Gr. Pay of Rs.4,200/- in PB of Rs.9,300-34,800/-. Learned counsel accordingly, submitted that there is no illegality in the impugned orders as contained in Annexure-2 and Annexure-2 series to both these writ applications.

7. Having heard learned counsels for both the sides and upon going through the record, I find that the petitioners were working in the pre revised pay-scale of Rs.4,500-7,000/-, being non-matriculate Forest Guards. Accordingly, in the revised pay-scale their salary was fixed in the pay-scale of Rs.6,500-10,500/- w.e.f. 01.012006 and in the revised pay-scale, they were granted Gr. Pay of Rs.4200/- in PB of Rs.9,300-34,800/-. Though learned counsel for the petitioners claim that the petitioners were entitled to pay-scale -3- of Rs.5,500-9,000/- in the pre-revised pay-scale, but no document has been brought on record to show that the petitioners were ever promoted to any post having the pre-revised pay-scale of Rs.5,500-9,000/-, nor this writ application has been filed claiming the pre-revised pay-scale of Rs.5,500-9,000/-. In this writ application the petitioners are only claiming the Gr. Pay of Rs.4600/-, which was granted to the petitioners in the existing pre revised pay scale of Rs.4,500-7,000/-. The documents brought on record by the petitioners clearly show that at the relevant time they were working in the pre-revised pay-scale of Rs.4,500-7,000/- and accordingly, in view of the Fitment Table as approved by the Finance Department on 13.08.2014, as contained in Annexure-‘O’ to the counter-affidavit filed in W.P.(S) No. 2745 of 2015, the salary of the non-matriculate Forest Guards have been rightly fixed by the Screening Committee, giving them the Gr. Pay of Rs.4200/-, and accordingly, the modified orders as contained in Annexure-2 and Annexure-2 series to both these writ applications were issued. I do not find any illegality in the re-fixation of the Gr. Pay of the petitioners.

8. There is no merit in these writ applications and both these writ applications are accordingly, dismissed. (H.C.Mishra, J.) D.S.