D.G.R. Patnaik, J. - (1.) SRI Ananda Sen, learned Counsel for the petitioner, while introducing the case of the petitioners in this writ application by way of his preliminary submissions, explains that the petitioners grievance is against the impugned letter (Annexure -21) issued by the Respondent No. 2 namely the Secretary, Finance Department of the State of Jharkhand which in effect, has lowered down the scale of pay of the petitioners, who happen to be the Officers of the Jharkhand High Court and thereby denying them the benefits of the pay scale which was fixed for them earlier.
(2.) LEARNED Counsel explains that the petitioners have challenged the impugned letter of the Respondent No. 2 inter -alia on the following grounds: (i) That the Respondent No. 2, namely the Principal Secretary, has no authority to lower down the scale of pay of the Section Officers of the Jharkhand High Court. Since the pay scale of the petitioners was fixed in pursuance of the Government's Resolution adopted by the State Cabinet, the Principal Secretary (Respondent No. 2) had no authority to override the decision of the Government. (ii) Such order, having been passed without granting opportunity of hearing to the petitioners, is illegal. Learned Counsel explains that the petitioners are working as Section Officers in the Jharkhand High Court and they have completed more than four years of service. The scale of pay of the petitioners who are to the non -judicial officers/staff of the Jharkhand High Court, is governed by the same nouns and Rules as applicable for the officers and staff of the State Secretariat.
(3.) THE Government of India vide its notification date 25.01.2006 had granted non -functional pay scale at Rs. 8000 - 275 - 13,500/ - to the Section Officers and Senior P.As of the Central Secretariat Service on completion of four years on such posts.;