In the High Court of Jharkhand at Ranchi
W.P.(S) No.2408 of 2006
Shri Sidheshwar Prasad Singh .........Petitioner
VERSUS
State of Jharkhand and others...........Respondents
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioner : Mr. S.K.Sahay
For the State : J.C. to S.C.I
For the State of Bihar: Mr.S.P.Roy
Reserved on.15.12.2008 Pronounced on 19.1.2009
6. 19.1.2009
The petitioner was appointed as Block Statistical Supervisor on
1.12.1966. Subsequently, he was posted as Statistician in August,
1982 in the office of the District Rural Development Agency,
Hazaribagh. In course of time, he was posted as Assistant Statistical
Officer in the year 1998 in the office of the District Statistical Officer,
Hazaribagh. On completion of ten years of service, first time bound
promotion was given to him in the scale of Rs.880-35-1510/- with
effect from 1.4.1981 under order no.24 dated 24.2.1987 issued by
the Directorate of Statistics. In course of time, second time bound
promotion was also given to him in the scale of Rs.2000-3800/-
with effect from 1.12.1991 under order as contained in letter
no.2250 dated 30.9.1995 issued by the Directorate of Statistics.
Thereafter under an order bearing no.366 dated 23.5.1996 issued by
the Directorate of Statistics, Government of Bihar the petitioner was
promoted to the post of Assistant Statistical Officer (Junior Selection
Grade) in the lower scale of Rs.1800-3330/- with effect from 1.3.1994,
though he had earlier been given time bound promotion in
the scale of Rs.2000-3800/- which amounts to reduction in the pay.
Conseqeuntly, petitioner’s pay was fixed in the replacement scale of
Rs.5500-9000/- whereas his pay should have been fixed in the
replacement scale of Rs.6500-10500/- which corresponds to the old
2
scale of Rs.2000-3800/-. The petitioner got retired on 30.9.2004 and
the provisional pension has been fixed in the scale of Rs.5500-9000/-,
though, in the facts and circumstances, he was entitled to the scale
of Rs.6500-10500/- and accordingly, the provisional pension should have
been fixed in the said scale and under this situation, this writ
application has been filed praying therein to direct the respondent to
pay arrears of salary in the scale of Rs.6500-10500/- with effect from
1.1.1996 or alternatively to grant second A.C.P in the scale of
Rs.6500-10500/- with effect from 1999 and to pay arrears of salary
and other allowances till the date of superannuation.
A counter affidavit has been filed on behalf of the State of
Bihar wherein it has been admitted that the petitioner was given first
time bound promotion and then second time bound promotion in the
scale of Rs.2000-3800/- with effect from 1.12.1991. Subsequently,
the petitioner was promoted as Assistant Statistical Officer in Junior
Selection Grade in the pay scale of Rs.1800-3330/- with effect from
1.3.1994 under order no.366 dated 23.5.1996 (Annexure 3) and
accordingly, his revised pay was fixed in the sale of Rs.5500-9000/-
with effect from 1.3.1996 and that the petitioner is not entitled to
pay scale of Rs.6500-10,500/- as that scale is admissible to the
person of the cadre of Assistant Director/District Statistical Officer,
whereas the petitioner is in the cadre of Assistant Statistical Officer.
Similar is the statement made in the counter affidavit filed on
behalf of the State of Jharkhand wherein it has been stated that the
first time bound promotion was given to the petitioner in the scale of
Rs.880-1510/- and the second time bound promotion was given in
the scale of Rs.2000-3800/-. However, it has been stated that
regular promotion was given to the petitioner to the post of Assistant
Statistical Officer (Junior Selection Grade) in the pay scale of
Rs.1800-3300/- with effect from 1.3.1994. Revised pay scale has
3
been fixed in the pay scale of Rs.5500-9000/- and that the petitioner
is not entitled to second time bound promotion. However, it has been
stated that the case of the petitioner for grant of second A.C.P is
under consideration.
Having heard learned counsel appearing for the parties and
taking into consideration the pleadings of the parties, it does appear
that it has not been denied that the petitioner was getting pay in the
scale of Rs.2000-3800/- on being given second time bound
promotion but when the petitioner was given regular promotion to
the post of Assistant Statistical Officer (Junior Selection Grade) with
effect from 1.3.1994, his pay was fixed in the sale of Rs.1800-3300/-
and that the petitioner seems to have went on drawing salary in the
same scale without raising any objection regarding reduction in the
pay scale and when the pay scale was revised in the scale of
Rs.5500-9000/-, the same was also accepted but when the
provisional pension was fixed in the same pay scale, objection is
being raised about reduction in pay. However, alternatively the
prayer has also been made to direct the authorities to grant the
petitioner second A.C.P which according to the statement made in
the counter affidavit filed on behalf of the State of Jharkhand is
under consideration.
Under this situation, this writ application is disposed of with a
direction to the Director, Department of Statistics, Government of
Jharkhand, respondent no.4 to take decision in the matter of grant of
second A.C.P to the petitioner within a period of two months from
the date of receipt/production of a copy of this order and if the
petitioner is found entitled to have 2nd A.C.P then do the needful in
the matter of fixation of pension on revised scale.
ND/ ( R. R. Prasad, J.)