PER PRAMATH PATNAIK,J. - (1.) The petitioners, who were members of the State Cadre known as Jharkhand Prosecution Services being appointed as Assistant Public Prosecutor in the State of Jharkhand, have filed the instant writ application, praying inter alia for direction upon the respondents for grant and sanction of pay scale of Rs.8,000-13,500/- at par with State Services employees similarly situated as per notification no.3589 dated 17.12.2007. The petitioners have further prayed that the action of the respondent no.2 in not allowing the aforesaid pay scale is completely arbitrary, illegal and discriminatory in nature.
(2.) The facts, leading to filing of the writ application, in a nut shell is that petitioners were appointed as Assistant Public Prosecutor by the Government of Bihar initially in the pay scale of Rs.1000-1820/. After creation of State of Jharkhand, Jharkhand Prosecution Services came into existence after the cadre division of Bihar Prosecution Services on 31.03.2005. In the Unified State of Bihar, a separate cadre of prosecution was declared as Bihar Police Service (Prosecution Branch). The Government of Bihar passed resolution for creation of promotional opportunities for Assistant Public Prosecutors, which is binding on the State of Jharkhand vide Annexure-2 to the writ application. The pay scales of District Prosecution Officers and Assistant Director have been revised to Rs.12000-16500/- and that of Divisional Prosecution Officers has been revised to Rs.14,300-18,300/-. Twenty two posts of Public Prosecutor in the scale of Rs.12,000-16,500/- and 110 posts of Additional Public Prosecutor in the scale of Rs.10,000-15,200/- were created as promotional post for Assistant Public Prosecutor by the Government of Jharkhand as per Annexure-4 to the writ petition. It has been further averred in the writ application that the post of senior District Prosecutor has been listed as Class-II State Services as I.A in Appendix 16 of Bihar Service Code (now Jharkhand Service Code) with all other State Services. The Government of Jharkhand upgraded those officers to the scale of Rs.8,000-13,500/- who were getting unrevised scale of Rs.2200-4000/- and who have been allowed the pay scale of Rs.6500-10500/- and those having first promotional post in the scale of Rs.10,000-15,200/- or more, as per Annexure-6 to the writ application. Being entitled to get the upgraded scale of Rs.8,000-13,500/- the petitioners submitted their representations to the concerned authority of the department of Finance, Government of Jharkhand, praying inter alia for revision of their pay scale, at par with of the officers of the State Government, who were in the earlier scale of Rs.6,500-10,500/- have been allowed the pay scale of Rs.8,000-13,500/- vide Annexurre-7 and 7/A to the writ application. Being aggrieved by inaction of the respondents, not granting the appropriate pay scale, the petitioners have been constrained to approach this Court, invoking extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of their grievances.
(3.) A supplementary counter affidavit dated 22.08.2012 has been filed on behalf of State of Jharkhand, in which, in paragraph 9 it is specifically stated that four pre-conditions are required to be fulfilled entitling an officer in the pay scale of Rs.6,500-10,500/- to the higher pay scale of Rs.8,000-13,500/-, which are as follows: (a) The officer must be an officer of the State Service. (b) Must be in the scale of Rs.6,500-10,500/- with effect from 01.01.1996 . (c) Prior to 01.01.1996 must be in the scale of Rs.2,200-4,000/-. (d) The first promotional post must be in the scale of Rs.10,000- 15,200/- or above. ;