R.R. Prasad, J. - (1.) Heard the parties.
(2.) Learned counsel for the petitioner submits that the petitioner was an Agriculture Graduate while he was holding the post of Village Level Worker, was asked under Memo No. 1113 dated 16-7-03, as contained in Annexure-2, to discharge the function of Block Agriculture Officer in his own scale with 20 percent additional allowance and pursuant to that, the petitioner has been working as Block Agriculture Officer since 16-7-2003, but in spite of discharging the duty of Block Agriculture Officer, pay scale was not given to the petitioner. Thereafter the petitioner did approach this Court vide W. P. (S) No. 5167 of 2006, which was disposed of on 13-9-06, wherein the petitioner was asked to file a representation before the Director, Agriculture and Sugarcane Development, Government of Jharkhand, who was directed to consider the petitioner's claim and to pass an appropriate order. Pursuant to that, an order was passed on 11-1-08, whereby the petitioner was promoted provisionally to the post of Block Agriculture Officer in the pay scale of Rs. 5,000-150-8,000/-. w.e.f. the date of order and not from the date of 16-7-2003 since when the petitioner was working on the such post and, therefore, that order has been challenged to be bad as on the principle of same work same pay. The petitioner should have been given pay scale of Block Agriculture Officer w.e.f. 16-7-03.
(3.) Having heard learned counsel for the parties, I do find that while the petitioner was working as Village Level Worker, he was asked to discharge the duties of Block Agriculture Officer vide order dated 16-7-2003, as contained in Annexure-2, on his own pay scale with 20 percent extra allowance and the petitioner having accepted the same, started dis- charging the duties of Block Agriculture Officer and hence, now the petitioner cannot take plea for giving pay scale of Block Agriculture Officer w.e.f. 16-7-2003. The petitioner has been given promotion provisionally under the order, as contained in Annexure-4, to the post of Block Agriculture Officer in the pay scale, of Rs. 5,000-150-8,000/- w.e.f. 11-1-2008 i.e. from the date of promotion and as such, I do, not find any illegality in order, as contained in Annexure-4, to this writ application.;