Chandrashekhar, J. - (1.) Seeking inclusion of his name in the seniority list of Jharkhand Secretariat Clerical Cadre and aggrieved of order contained in Memo dated 31.08.2013, 28.01.2014 and 26.02.2015, the petitioner has approached this Court.
(2.) Briefly stated, the petitioner, who was initially appointed on the post of Typist-cum-Steno by the order of District Indigenous Medical Officer-cum-Deputy Superintendent, Indigenous Medicines, Patna, was posted on deputation vide Memo dated 28.02.1998 under the Directorate of Indigenous Medicine, Department of Health & Family Welfare, Patna. He has pleaded that he was finally adjusted and posted on vacant post of Typist in the Directorate of Indigenous Medicine vide order dated 31.07.1989 and he was confirmed in service on 03.07.1993 on the said post. After bifurcation of the State of Bihar, the petitioner was sent to the State of Jharkhand and vide order dated 18.11.2000 he was relieved for joining Department of Health, Medical Education and Family Welfare, Government of Jharkhand. When application for Departmental Typing Examination was not accepted, the petitioner approached this Court in W.P.(S) No.742 of 2007 which was allowed vide order dated 07.07.2008 and the department was directed to permit him to appear in the departmental typing examination. The petitioner, appeared in the departmental typing examination, was declared unsuccessful. The petitioner, thereafter, approached this Court in W.P.(S) No.2768 of 2012 seeking promotion to the post of Assistant in terms of Rule 7(3) of the Jharkhand Secretariat Services Rules, 2010 and for grant of benefits of 1st and 2nd A.C.P and M.A.C.P besides, arrears of salary. The writ-petition was disposed of vide order dated 01.08.2012 with a direction to the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand to take a decision on the claim of the petitioner by treating the writ-petition as his representation. In compliance of order passed in W.P.(S) No.2768 of 2012, Deputy Secretary, Department of Health, Medical Education and Family Welfare passed order dated 31.08.2013, where under it has been held that the petitioner does not belong to Secretariat Clerical Services Cadre. His claim for grant of A.C.P/M.A.C.P and arrears of pay was rejected. However, in compliance of order passed in Contempt (Civil) Case No.732 of 2013, the Principal Secretary, Department of Health, Medical Education and Family Welfare again examined the claim of the petitioner and vide order dated 28.01.2014 confirmed that he belongs to the regional cadre and accordingly, a direction was issued for sending the records to the Director, Ayush for posting the petitioner in the regional office. It appears that in the meantime, another Principal Secretary took over the charge and he also examined the claim of the petitioner and passed order dated 26.02.2015. By the said order, benefits under M.A.C.P has been granted to the petitioner and the Director, AYUSH has been instructed to examine the claim for payment of 50% amount on account of pay revision under 6th Pay Revision. A further direction has been issued for recovery of excess amount, if any, paid to the petitioner as if he was a Secretariat Clerical Cadre employee.
(3.) In view of the materials brought on record and reasoned orders passed by the Department, I am not inclined to take counter-affidavit in the matter.;