- (1.) This Letters Patent Appeal has been preferred against the judgment and order dated 19th July, 2013 delivered by the learned Single Judge in W.P.(S) No. 6878/2005, whereby the petition preferred by Respondent No. 1 (original petitioner) has been allowed and therefore, the original Respondent No. 1 has preferred this letters patent appeal.
(2.) It is submitted by counsel for the appellant that Respondent No. 1 (original petitioner) was appointed on the post of Helper with effect from 8th November, 1978 in the pay-scale of Rs.165-204/-, which was enhanced to a pay-scale of Rs.180- 242/-. Thereafter, it was revised to Rs. 375- 480/- and it was again revised to Rs. 800-1150/-. This was again slightly modified because on account of first time bound promotion instead of Rs. 375-480/- it should have been Rs. 400- 500/- and therefore, instead of Rs. 800- 1150/- it was revised correspondingly to Rs. 825-1200/- and thereafter, it was again revised to Rs. 2650-4000/-. In this hierarchy of the pay-scales given to the Respondent No. 1(original petitioner) an error was committed by the Government to the effect that instead of Rs. 825-1200/-, the pay-scale should have been fixed at Rs.775-1025/- and therefore, subsequently, revision should have been in the pay-scale of Rs. 2550-3200/-. This is the major contention of the State Government and it is submitted by the counsel for the appellant State (original Respondent No.1) that this aspect of the matter has not been properly appreciated by the learned Single Judge. The revised replacement scale of the State cadre employees has been sanctioned according to the post to post, not from scale to scale, hence the judgment passed by the learned Single Judge deserves to be set aside and the petitioner is entitled to the payscale of Rs.2550-3200/- instead of pay-scale of Rs.2650-4000/-.
(3.) It is submitted vehemently by counsel for the Respondent No.1 (original petitioner) that no error has been committed by the learned Single Judge in allowing the petition filed by the original petitioner and grant of the pay-scale of Rs.2650-4000/- is absolutely in consonance with the recommendation of the Pay Commission/Fitment Committee Report. It is further submitted by the counsel for the respondents that the State Government has never withdrawn the pay-scale of Rs. 825-1200/- given to the original petitioner. Similarly, the previous scale of Rs. 800-1150/- was also not withdrawn by the Government. Thus, if these two pay scales remain undisturbed, as they are, then Rs. 2650-4000/- will be the payscale corresponding to the earlier pay-scale of Rs.825-1200/-, as per recommendations of the Pay Commission/Fitment committee Report, which is at Annexure A to the counter affidavit (Page No. 24). It is submitted by the counsel for the Respondent No.1 (original petitioner) that there can not be an error in the revision of the earlier pay-scale to Rs. 2650-4000/- because unless the Government withdraws its previous corresponding pay-scales of Rs. Rs.800-1150/- and 825-1200/- (the slightly modified on account of the first time bound promotion), which have been made effective from 01.01.1986, the subsequent pay scale of Rs. 2650-4000 can not be withdrawn by the Government because the last payscale of Rs. 2650-4000/- is nothing but replacement for earlier pay-scale of Rs. 825-1200/-. There is not a single averment made in the counter affidavit filed by the State of Jharkhand in the writ petition that earlier pay scale of Rs. 825-1200/- was wrongly given to the petitioner and therefore, in the letters patent appeal no new argument can be canvassed by the appellant State that instead of a pay-scale of Rs. 825-1200/- there ought to have been a pay-scale of Rs. 775-1025/-. This argument can not be canvassed in the Letters Patent Appeal because there are no such factual averments in the counter affidavit filed in the writ petition nor this type of argument was ever canvassed before the learned Single Judge at the time of final hearing of the writ petition. Moreover, pay scale of Rs. 825-1200/-, which has been revised because of the first time bound promotion as per Resolution No. 10770 of the Finance Department, has been made effective from 01.01.1986 and therefore, today, i.e. after approximately quarter of a century, this payscale can not be revised and that too upon oral argument of the government. Once the earlier pay-scale of Rs. 825-1200/- is considered from 1.1.1986, then as per recommendations of the Pay Commission/Fitment Committees report, corresponding pay scale at Rs. 2650-4000/- is correct and this fact has rightly been appreciated by the learned Single Judge and hence this letters patent appeal may not be entertained by this court.;