- (1.) Both the review applications were heard together and are being disposed of by this common order as the same are directed against the order dated 19.10.2011 passed in W.P.(S) No.2350 of 2010 and W.P.(S ) No.5141 of 2011 whereby and whereunder the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand (respondent no.2) and also the Principal Secretary, Social Welfare, Women and Child Development Department, Government of Jharkhand (respondent no.3) were directed to do the needful in the matter of fixation of the salary of the petitioners in the revised scale of Rs.8000-13500/-.
(2.) The petitioners-opposite parties had put forth the claim of fixation of their salaries in the pay scale of Rs.8000-13500/- on the ground that the State Government, vide its resolution dated 17.12.2007 had decided to revise the salaries of those persons working in different departments in the Government drawing salaries in the pay scale of Rs.2200-4000/- (unrevised) and in revised scale of Rs.6500-10500/- to pay scale of Rs.8000-13500/- provided the promotional post does have pay scale of Rs.10000-15200/-. In spite of that when the Government denied such pay scale to the petitioners-opposite parties on the ground that the service rule has not been framed, the petitioners-opposite parties came to this Court with a plea that they are also drawing salaries in the revised pay scale of Rs.6500-10500/- and the pay scale of the next promotional post of District Programme Officer/District Social Welfare Officer is Rs.10000/-15200/-.
(3.) A counter affidavit on behalf of the respondent no.3, the Principal Secretary, Social Welfare, Women and Child Development Department, Government of Jharkhand was filed in W.P.(S) No.2350 of 2010 but not in other writ application bearing W.P.(S) No.5141 of 2011 wherein the stand which had been taken was that the rule relating to the condition of service has yet not been framed and as such, Child Development Project Officer cannot have its promotional post and thereby they are not entitled to the salaries in the pay scale of Rs.8000-13500/-. The plea taken by the respondent was not accepted, in view of the letter bearing no.1371 dated 15.10.2008 as contained in Annexure 6 to the writ petition indicating therein the hierarchy of the post in the Social Welfare Department whereby next promotional post was shown as District Programme Officer/District Social Welfare Officer having pay scale of Rs.10000-15200/-.;