IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.W.J.C. No. 4238 of 2000
Girija Sharan ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Respondents
CORAM : HON'BLE MR. JUSTICE AJIT KUMAR SINHA
For the Petitioner: Mr. Dilip Jerath
For the Respondents: Mr. Rajesh Kumar Mahtha
J.C. to S.C.-I
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09/ 28.04.2009
In the instant writ petition the petitioner prays for issuance of an
appropriate writ, order or direction commanding upon the respondents to
forthwith pay to the petitioner arrears due on account of differences of
salary for the post of Head Clerk in the senior selection grade with effect
from 14.8.1981 to 23.1.1989 during which period he held that post but
was given the pay scale as per junior selection grade only, or in the
alternative to pay him 20% higher salary on account of having officiated
on a higher post.
The admitted position as per the pleadings as well as from the
counter affidavit remains that the petitioner was only allowed to officiate
with effect from 14.8.1981 to 23.1.1989. There was no substantive
promotion or selection to that post. Even on perusal of the impugned
order it appears that the petitioner was only asked to officiate in addition
to his main work. This by itself does not entitle him to claim the scale of
the promotional post which was always subject to substantive
appointment. The law in this regard is well settled and this issue is no
more res-integra. He cannot be entitled to the scale corresponding to that
post which he is not holding on promotion. No legal right accrues in his
favour.
The counsel for the petitioner finally prays that at least the
petitioner is entitled to the 20% higher salary on account of officiating on
a higher post as per Rule 103 of the Service Code.
In the light of the aforesaid observation, I find no merit in the writ
petition and the same is accordingly dismissed.
(Ajit Kumar Sinha, J.)
NKC/D.S.