- (1.) In this application, the petitioner prays for quashing the order as contained in Memo No. 5740 dated 16.12.2011 passed by the respondent no. 2 whereby and whereunder the representation of the petitioner submitted in the light of the order dated 11.10.2011 passed in W.P.(S) No. 3289 of 2011 has been rejected. A further direction has been sought for to give financial benefits and fix the pay of the petitioner in the scale of Chief Engineer w.e.f. 23.11.2005 in view of the notification contained in Memo No. 296 dated 17.01.2008 by which the petitioner was granted regular promotion in the scale of Chief Engineer w.e.f. 23.11.2005.
(2.) The petitioner was appointed as an Assistant Engineer in pursuance to the interview conducted by the Bihar Public Service Commission. The petitioner in course of his service was promoted in the rank of Executive Engineer, Bihar Engineering Service Class-I and thereafter to the post of Superintending Engineer (Incharge) and posted at PHED Circle, Hazaribagh. By virtue of the provisions as contained in the Bihar Reorganisation Act, 2000, the services of the petitioner was deemed to be allocated within the State of Jharkhand. After the bifurcation, the petitioner was granted regular promotion to the post of Superintending Engineer w.e.f. 01.07.1999 and thereafter by virtue of notification as contained in Memo No. 1126 dated 10.03.2006, the petitioner was transferred and posted as Incharge, Chief Engineer, Central Design Organisation, Ranchi. By virtue of notification as contained in Memo No. 296 dated 17.01.2008, the petitioner was granted regular promotion as Chief Engineer in the scale of pay of Rs. 16,400-20,000/ which was given with retrospective effect from 23.11.2005 and in the said notification dated 17.01.2008, it was specifically mentioned therein that the financial benefit would be given to the petitioner with effect from the date, the petitioner submits his joining. Subsequently, the petitioner superannuated from service w.e.f. 01.07.2008 from the post of Incharge, Engineer-in-Chief and after his superannuation, the petitioner was granted regular promotion in the scale of Engineer-in-Chief vide notification as contained in Memo No. 4743 dated 30.11.2009. However, since the respondents in spite of representations submitted by the petitioner have not considered the claim of the petitioner for grant of pay-scale of Rs. 16,400-20,000/ w.e.f. 10.03.2006, petitioner preferred a writ application being W.P.(S) No. 3289 of 2009 which was disposed of on 11.10.2011 directing the respondent no. 2 to decide the claim of the petitioner within a period of 12 weeks. In terms of the orders passed in W.P.(S) No. 3289 of 2009, the petitioner preferred a representation before the respondent no. 2 and a final order was passed as contained in Memo No. 5740 dated 16.12.2011 wherein while giving reference to Rule 58 of the Jharkhand Service Code and Rule 74 of the Financial Rules as well as Circular No. 3251 dated 20.11.2006, the claim of the petitioner was rejected.
(3.) Heard Mr. Manoj Tandon, learned counsel for the petitioner and Mr. Vikash Kumar, learned J.C. to A.A.G.;