Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties. The grievance of the eleven petitioners who are serving JAP -I, Ranchi on the post of Havaldar, is that the benefit of 2nd MACP with Grade Pay of Rs. 4,200/ - has been reduced to Rs. 2,800/ - by the respondents and excess salary has been withdrawn by the respondents. Therefore, petitioners have sought re -fixation of their pay scale in the revised scale of Rs. 9,300 -34,800/ - with Grade Pay of Rs. 4,200/ -.
(2.) Initially, the affidavit of the Respondent No. 6 -Commandant, Jharkhand Armed Police -I stated on instructions of the Home Department that the petitioners could only be entitled to the Grade Pay of Rs. 2,800/ - on grant of 2nd MACP and not that of Rs. 4200 which is available only to the next higher substantive post of Sub -Inspector of Police. Accordingly, pay of the petitioner was reduced. Considering the aforesaid stand and the interplay of the Finance Department in the implementation of MACP Scheme, the respondent -Finance Department was directed to file a counter affidavit.
(3.) It is the consistent stand of the respondent -Finance Department, as brought forth by way of affidavit, that the pay scale of a constable is that of Rs. 5,200 -20,200/ - with Grade Pay of Rs. 2,000/ -. On grant of the benefit of 1st MACP, they become entitled to the Grade Pay of Rs. 2,400/ - and on grant of 2nd MACP, they become entitled to the Grade Pay of Rs. 2,800/ -. The scheme of MACP entitles them to the next higher grade and does not entitle them to jump the grade pay.;