Narendra Nath Tiwari, J. - (1.) THE petitioner has prayed for a direction on the respondents to pass an order for rectifying the anomaly in fixation of his pay scale. According to the petitioner, he is senior most graduate typist in Sahibganj College. He was appointed in 1970. He was granted merger scale, which was fixed in lower pay scale i.e. Rs. 4,500 -7,000/ -, whereas it should have been fixed in the pay scale of Rs. 6,500 -10,500/ -. Because of the said erroneous merger, petitioner's pay scale has been reduced, which is wholly illegal and unjust. In fixing his pay scale in accordance with 5th pay revision, the Department has overlooked the nature of appointment, the post which he was holding, qualification and length of service of the petitioner. Other persons, who were non -graduate, were given higher pay scale, whereas the petitioner, who is graduate, his pay was fixed at lower scale. The petitioner made several representations against the said anomaly to the concerned authority, but no order has been passed till date.
(2.) LEARNED J.C. to G.P.IV submitted that the Secretary, Human Resources Development Department, Government of Jharkhand, is the competent authority in the matter to consider such claim and if the petitioner files a fresh representation before the said authority, the same shall be considered and appropriate order shall be passed. Considering the said submissions, this writ petition is disposed of, giving liberty to the petitioner to file a fresh representation before the Secretary, Human Resources Development Department, Government of Jharkhand -Respondent No. 2. On receipt of representation, the said respondent shall consider the same and pass appropriate order, in accordance with law, within three months from the date of receipt of the representation.;