BISHESHWAR SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2002-9-64
HIGH COURT OF JHARKHAND
Decided on September 13,2002

BISHESHWAR SINGH Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

S.J.MUKHOPADHAYA,J. - (1.) . The writ petition was preferred by the petitioner to direct the respondents to pay him the Group Insurance amount and other retrial benefits in the revised scale of Rs. 14,300 -400 -18,300/ - in place of Rs. 12,000 -375 -16,500/ - w.e.f. 3rd April, 2001 till the date of retirement i.e. 31st October, 2001 in terms of Government of Bihars Order, contained in Memo No. 3/M -2 -5 (Ve - Pu) -30/99/5357/VI (2) dated 22nd August, 2001, notified vide Notification No. 01/Accounts, dated 18th/22nd January, 2002 and to pay the difference of salary and other arrears on such revision.
(2.) THE case of the petitioner is that he was a Joint Registrar of the Patna High Court when its Ranchi Bench was joint prior to reorganization of the State. He was paid salary in the revised scale of Rs. 12,000 -375 -16,500/ - from the date of promotion. Subsequently, the Patna High Court brought to the notice of the Government of Bihar, the anomaly cropped up in the matter of grant of revised scale of pay to the Registrars of the Court. The recommendation of the Patna High Court remained pending, in the meantime, on reorganization of the State and creation of the Jharkhand High Court, the service of the petitioner was placed as a Joint Registrar, Jharkhand High Court, Ranch! where he joined on 3rd April, 2001. In the Jharkhand High Court, the petitioner was promoted to the next higher post of Registrar and superannuated on 1st November, 2001. The anomaly which was brought to the notice of the Govt. of Bihar was subsequently, taken up and the Government of Bihar, vide its Notification No. 01/Accounts, dated 18th/22nd January, 2002 allowed revised scale of Rs. 14,300 -400 -18,300/ - to the Joint Registrars/Registrars w.e.f. 1st January, 1996 with monetary benefits w.e.f. 1st April, 1997. The petitioner being in Patna High Court prior to creation of Jharkhand High Court, his salary was revised by the AG Bihar in the higher scale of Rs. 14,300 -400 -18,300/ - from the date the petitioner was promoted as Joint Registrar and a Pay Slip was, accordingly, issued by the AG Bihar on 19th March, 2002 (Annexure -9). However, corresponding revision of scale of pay of Joint Registrar/Registrar of Jharkhand High Court having not made by the State of Jharkhand, the salary of petitioner w.e.f. 3rd April, 2001 is being fixed in the lower scale of Rs. 12,000 -375 -16,500/ - and the retirement benefits have been calculated in such lower scale of pay.
(3.) IT is also alleged that the Group Insurance amount has not yet been paid to the petitioner.;


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