- (1.) The petitioner has prayed for payment of arrears of salary as per fixation of pay in the revised pay scale by virtue of recommendation of 6th Pay Revision Committee which has been taken into effect w.e.f. 1.1.2006 and accordingly pension, gratuity and leave encashment. During pendency of the writ petition the respondent authorities filed a counter affidavit wherein an order has been passed on 27.7.2012 by which the pay scale which has been fixed on the basis of the first time bound promotion given w.e.f. 1.9.1985 and the benefit of upgradation by virtue of Assured Career Progression (ACP) Scheme given w.e.f. 1.9.1999 as also the promotion granted to the post of Head Clerk w.e.f. 1.8.2000 has been cancelled and thereafter the pay has been fixed in the earlier pay fixation.
(2.) The petitioner filed an interlocutory application being I.A. No. 823/2013 challenging the order dated 27.7.2012 which has been allowed vide order dated 20.2.2013.
(3.) Now the grievance of the petitioner is that the petitioner was appointed as Correspondence Clerk on 1.9.1975. While he was in service he was given benefit of first time bound promotion in the pay scale of Rs. 680-695/- w.e.f. 1.9.1985 after considering the fact that the petitioner has already passed departmental examination. Thereafter, the petitioner was granted regular promotion to the post of Head Clerk w.e.f. 30.6.2000. The petitioner has finally been superannuated from service on attaining the age of 60 years w.e.f. 31.1.2007. Before superannuation of the petitioner, the Government of Jharkhand adopted the recommendation of 6th Central Pay Commission which has been made effective w.e.f. 1.1.2006. Accordingly, the petitioner become entitled to get the benefit of revision in pay scale by virtue of recommendation of 6th Pay Revision Committee w.e.f. 1.1.2006 but the same was not given. The petitioner approached this Court for issuance of direction on the respondents for fixation of pay scale on the basis of revision in the pay scale by virtue of 6th Central Pay Commission.;