- (1.) Learned counsel for the petitioner submitted that the petitioner was initially appointed as Class IV employee. It is further submitted that there are three sources for appointment/promotion to Class III posts; 1st is direct recruitment; 2nd is by seniority and 3rd is that 50% Class III posts will be filled up by taking examination from amongst the candidates, who are already working as Class IV employees. The petitioner, who was Class IV employee, had appeared in the limited competitive examination, which took place in the year, 1992 and thereafter, he was selected in the year, 1995. But, at the relevant time Class 111 post was to be filled up by the examination, conducted by the Bihar Public Service Commission and, therefore, the petitioner could not be appointed. Thereafter, similarly situated other employees preferred writ petition bearing C.W.J.C. No. 12258 of 1995 before Hon'ble Patna High Court, which was decided in their favour vide order dated 13th February, 1997 and they were appointed. It is further submitted by the learned counsel for the petitioner that the petitioner also preferred a writ petition bearing C.W.J.C. No. 4487 of 1998 before Hon'ble Patna High Court and Hon'ble Patna High Court passed an order dated 27th November. 1999 in favour of the present petitioner. Thereafter, the State of Jharkhand was bifurcated by virtue of Bihar Re-organization Act, 2000 with effect from 15th November. 2000 and ultimately, the petitioner was given promotion to Class III post by the State of Jharkhand. Though the others, who were appointed/promoted to Class III posts, were given the pay scale of Rs. 1200-1800/-, which is equivalent to Rs. 4000-6000/- but the petitioner has been given the pay scale of Rs. 3050-4590/- and hence the instant writ petition. Learned counsel for counsel for the respondent-State submitted that the pay scale, which is not in existence, cannot be granted by this Court Learned counsel for the respondents while relying upon Annexure D to the counter affidavit, submitted that in the State of Jharkhand Class III posts are now divided into two Class; one is Lower Division Clerk and another is Upper Division Clerk. The pay scale of Lower Division Clerk is Rs. 3050-4590 whereas the pay scale of Upper Division Clerk is Rs. 4000-6000/-. The petitioner having been absorbed in the year, 2005 has been given the pay scale of Lower Division Clerk whereas the petitioner is seeking directly the payment of Upper Division Clerk. It is further submitted by the learned counsel for the respondent-State that the post of Upper Division Clerk, as per the circular issued by the State, which is at Annexure D to the counter affidavit, is a promotional post and recruitment will be made initially to the post of Lower Division Clerk. Thus, the petitioner cannot be directly appointed as a Upper Division Clerk and, therefore, consequently cannot be given the higher pay scale of Rs. 4000-6000/-. The petitioner has already been appointed as a Lower Division Clerk and has already been given the pay scale of Rs. 3050-4590/- and, therefore, this writ petition deserves to be dismissed.
(2.) Having heard learned counsel both the parties, I see no reason to entertain this writ petition for the following facts and reasons: (i) The present petitioner was working as a Class IV employee and was seeking promotion to Class III post. Class III post is being filled up by direct recruitment, by promotion on the basis of seniority as well as by limited examination, to be taken from amongst Class IV employees. The petitioner is falling within the third category of candidates. The petitioner appeared in the examination in the year, 1992 for promotion to Class Ml post and, thereafter, cleared that examination in the year. 1995. Panel was prepared and name of the petitioner appeared in that panel. (ii) It further appears from the arguments that Class III post was to be filled up at the relevant time upon recommendation by Bihar Public Service Commission and therefore, for any reason whatsoever, there was no appointment by this limited examination method and, method and therefore, some of the candidates preferred writ petition before Hon'ble Patna High Court being C.W.J.C. No. 12258 of 1995, which was decided in their favour vide order dated 13th February, 1997 (Annexure 1 to the memo of petition). The petitioner also- preferred a writ petition bearing C.W.J.C. No. 4487 of 1998, which was decided in his favour vide order dated 27th November, 1999. (iii) It further appears that thereafter State of Jharkhand was bifurcated by virtue of Bihar Re-organization Act, 2000 and, thereafter, the petitioner was appointed in the year, 2005 on the post of Lower Division Clerk in pursuance of Annexure D to the counter affidavit dated 10th July, 2004. Looking to this Annexure, it appears that the State of Jharkhand has bifurcated Class III post as under: (a) Lower Division Clerk in the pay scale of Rs. 3050-4590/-; & (b) Upper Division Clerk in the pay scale of Rs. 4000-6000/-. (iv) Looking to Clause 4 of the aforesaid circular issued by the State of Jharkhand dated 10th July, 2004 (Annexure D to the counter affidavit), it appears that the post of Upper Division Clerk is a promotional post of Lower Division Clerk. The petitioner, who has been appointed in the year, 2005, was, thus, rightly given promotion to the post of Lower Division Clerk with the grade pay scale of Rs. 3050-4590/-. (v) Learned counsel for the petitioner has argued that had he been appointed in the year, 1999 itself or immediately upon bifurcation of the State of Bihar, he would have obtained the pay scale of Rs. 4000-6000/- of- Class Post and, therefore, even on today also, he should be appointed directly in the pay scale of Rs. 4000-6000/-. This contention is not accepted by this Court mainly for the reason that the pay scale of Rs. 4000-6000/- is meant for Upper Division Clerk, which is, as per Annexure D to the counter affidavit, is a promotional post from the post of Lower Division Clerk. Class 111 post now having been divided into two categories i.e. Lower Division Clerk and Upper Division Clerk. Therefore, the petitioner has rightly been appointed/promoted to the post of Lower Division Clerk, which is Class III post and once the pay scale of Lower Division Clerk is already fixed at Rs. 3050-4590/-, petitioner cannot directly be appointed to the higher post, namely, Upper Division Clerk. (vi) It always happens that after the order of the Court, implementation of the same takes some time. Meanwhile, the State of Jharkhand came into existence and the Rules have also been changed and, therefore, the petitioner has been given appointment as per the prevailing rule in the State of Jharkhand. The petitioner has been appointed in the year, 2005 whereas Annexure D to the counter affidavit is of the year, 2004. Thus, no illegality has been committed in appointing the petitioner as Lower Division Clerk and in granting him the pay scale of Rs. 3050-4590/-. As a cumulative effect of the aforesaid facts and reasons, I find no merit in this writ petition and, accordingly, the same is hereby dismissed.;