- (1.) THE appellants seeking for the quashing of the notification contained in Memo No. 5407 Fin. dated 3.9.2002 issued by the Deputy Secretary. State of Jharkhand whereby the decision has been taken to grant pay scale of Rs. 5000 -8000/ - to the Accountants working in the in the Treasury, who were appointed prior to 1979, and other Accountants of the Treasury appointed after 1979 will be placed in the pay scale of Rs. 4,000 -6,000/ - have challenged the same before the learned Single Judge. The learned Single Judge, on consideration of various records and also on consideration of the arguments advanced on behalf of the petitioners and the respondents, quashed the said notification holding that the classification is not reasonable.
(2.) HAVING aggrieved by the said order, the State has filed this appeal. Mr. P. Modi, learned Counsel for the State, strenuously submitted that the learned Single Judge has failed to consider the various aspects of the matter regarding classification of cadre dealt with by the Fitment Appellate Committee as well as the Appellate Committee and has come to the incorrect conclusion that the classification is unreasonable. He has also cited three decisions of the Supreme Court reported in (1989) ILLJ 309a SC State of U.P. and Ors. v. J.P. Chaurasia and Ors. [2002] SUPP 1 SCR 118 State of Haryana and Anr. v. Haryana Civil Secretariat Personal Staff Association and (2004) IILLJ 1114 SC M.P. Rural Agriculture Extension Officers Association v. State of M.P. and Anr. It is vehemently contended that when the Expert Committee has given the reason for showing the classification, it is not proper for the learned Single Judge to interfere with the said decision in the light of the observations made by the Supreme Court in the decisions cited (supra).
(3.) ON the other hand, learned Counsel for the respondent cited two decisions of the Supreme Court reported in [1987] 3 SCR 714 Bhagwan Dass and Ors. v. State of Haryana and Ors. and AIR 1992 SC 713 Sandeep Kumar and Ors. v. State of U.P. and Ors. and submitted that since the reasons for classification are not acceptable, the conclusion arrived at by the learned Single Judge is perfectly Justified.;