- (1.) The petitioners have approached this Court with the following prayers: a. "To issue appropriate writ, order or direction, including the writ of mandamus, directing the respondents authorities to fix the salary of the petitioner in the pay scale of Rs.26103540/ in view of the order dated 25.02.2003 passed by this Hon'ble Court in W.P.(S) No.4041 of 2001 (Shiv Shankar Choudhary & Ors. Vs. State of Jharkhand & Ors.), which has been affirmed by the Division Bench of this Hon'ble Court in L.P.A. No.92 of 2005 by order dated 26.04.2006 and also affirmed by the Hon'ble Supreme Court vide order dated 16.11.2007 in S.L.P. as also affirmed by the Hon'ble Supreme Court in Review Petition (Civil) No.615 of 2009 by order dated 23.07.2009 and also in view of the orders passed by the respondents authorities vide Office Order no.220 dated 18.12.2009, Office Order no.223 dated 21.12.2009 and Office Order no.226 dated 22.12.2009; b. To issue further appropriate writ, order or direction on the respondents to pay the arrears on account of fixation of salary of the petitioner in scale of Rs.26103540/; and c. For any other relief or reliefs for which the petitioner is legally entitled in the facts and circumstances of the case."
(2.) The brief facts disclosed in this writ petition are that, the petitioners were appointed on ClassIV post between the period 1972 to 1980 and they were granted first time bound promotion in the pay scale of Rs.8001150/. In terms of recommendation of the 5th Pay Revision Committee, the pay scale of Rs.8001150/ was revised by Resolution dated 08.02.1999 in the pay scale of 26103540/. Some aggrieved persons approached this Court in W.P. (S) No.4041 of 2001 which was allowed by the learned Single Judge of this Court by order dated 25.02.2003 noticing the following: 4. "Learned counsel for the respondents has drawn my attention to ScheduleIII of the said resolution and submitted that the pay scale of the orderly Peons was Rs. 7751025/ which correspondence to the revised pay scale of Rs. 25503200/. Paragraph 11 of the said resolution by which the pay scale of the Government employees has been revised is worth to be quoted hereinbelow: "The State Government have decided to abolish the existing facilities of Time Bound Promotions and Selection Grades, discussed in Paras 10 and 12 of F.D. Resolution no. 6021 dt. 18th December, 1989 and they shall cease to be applicable with effect from 1st January, 1996 and thereafter in the existing pay scales. If any such promotion, however, is due under the Rules before 1st January, 1996, it shall be given and the payment of arrears in the existing scale shall be made only upto 31st December, 1995 after which the promotion would be deemed to have been automatically terminated. While fixing pay in the revised scales, such promotions given after 31st December, 1995 will not be taken into consideration. If such promotions have been given after 31st December, 1995 then the question of adjustment of such additional emoluments obtained in the process, will be decided after the Fitment Committee submits its recommendations on promotion polity. Promotion to any vacancy of a post identified as need based Post would be admissible. The procedure for identification of such need based posts has been set out in paragraph 12." 5. From bare perusal of the aforesaid paragraph, it is clear that any time bound promotion given to the employees prior to January, 1996 shall not be affected by the subsequent resolution of the Government. 6. As noticed above, admittedly the petitioners were given time bound promotion in 1991 and 1993 and they were placed in the pay scale of Rs. 8001150/. In my opinion, therefore, they are entitled to the revised pay scale of Rs. 26103540/. The action of the respondents, therefore, in fixing the pay scale of the petitioners at Rs.25503200/ is arbitrary and without any basis. 7. For the aforesaid reason, this writ application is allowed and the impugned order of fixation of the petitioners' pay is set aside. It is directed that the petitioners shall be entitled to the pay scale of Rs. 26103540/."
(3.) Against the said order, L.P.A. No. 92 of 2005 was preferred by the State of Jharkhand which was dismissed vide order dated 26.04.2006 and after dismissal of the said Letters Patent Appeal, State of Jharkhand moved the Hon'ble Supreme Court preferring Special Leave Petition which was also dismissed. The petitioners have relied on the Office Order dated 18.12.2009 by which similar benefit has been extended to other similarly situated persons however, the same benefit has been denied to the petitioners by the respondents. Therefore, being aggrieved, the petitioners have approached this Court by filing the present writ petition.;