D.G.R.PATNAIK, J. - (1.) This writ application has been filed by the petitioner praying for quashing of the order dated 11.3 2002 (Annexure 15) issued by the Secretary, Department of Law (Justice), Government of Jharkhand whereby and whereunder direction has been made for re -fixation of the pay of the petitioner and to recover from him the amount paid in excess as salary to the petitioner. Further prayer has bean made for directing the respondent authorities to fix salary of the petitioner in the scale of pay of Rs. 2000 -3500/ - per month with effect from 1990 as per the recommendation of the Vth Pay Revision Committee and in the scale of Rs. 6500 -10,500/ - per month with effect from 1.1.1996 as per the VI Pay Revision Committee and also for a direction to the respondents to pay salary of the petitioner for the month of March and April, 2002 which has been withheld by the respondents.
(2.) THE petitioner was appointed as a full time stenographer on 8.7.1974 in the scale of pay of Rs. 296 -460/ - in the Civil Court at Ranchi. Consequent upon the recommendations of the third Pay Revision Committee, his scale of pay was revised at Rs. 400 -630/ - per month pursuant to the letter dated 7.4.1977 issued by the Finance Department by the State Government. In the year 1985, the petitioner was superseded by his junior in the matter of promotion/selection grade promotion. Being aggrieved, he submitted his representation before the High Court of Jharkhand, (respondent No. 2) through the Judicial Commissioner, Ranchi, (respondent No. 3). The representation was considered by the High Court on the administrative side and by letter dated 7.3.1988, the High Court directed the judicial commissioner, Ranchi to re -fix the petitioner's seniority by placing him at Serial No. 1 of the Shorthand writers from 1.4.1981 and to allow him all promotional and other benefits as per rules. Pursuant to the aforesaid direction of the High Court, the then Judicial Commissioner, Ranchi, issued an order to the effect that the petitioner be placed at serial No. 1 of the Stenographers after confirming him to the post of Steno to the Judicial Commissioner Ranchi with effect from 1.4.1981 and allowed him all promotional and other benefits admissible from time to time in the scale of pay of Rs. 880 -1510/ -. A copy of the letter was also forwarded to the Financial Department of the State Government for information and needful. The order, a copy of which was also given to the petiotner, was however, subject to the condition that in case it is found that the fixation of pay was not legal, proper or according lo the directions of the Government, the excess amount paid, if any, will be recovered from the pay of the petitioner. Subsequently, alter implementation of the Government resolution No. 6021 dated 18.10.1989, the scale of pay of the petitioner was revised to the scale of pay of Rs. 1640 -2300/ - per month. However, being dissatisfied and claiming that his revised pay should have been fixed at Rs. 2000 -3500/ - together with PA Allowance, he filed a representation before the Judicial Commissioner who forwarded the representation to the Secretary, Law Department, Government of Jharkhand, stating the details of all relevant facts and endorsing his own recommendation for proper consideration of the petitioner's representation. Several reminders thereafter, were issued by the Judicial Commissioner to the Secretary, Law and Justice, Government of Jharkhand on the basis of the repeated representations filed by the petitioner in the matter of fixation of his pay. In response, by letter dated 2.7.2001 (Annexure 13) addressed to the Judicial Commissioner, Joint Secretary, Law Department, made queries on several relevant points. Reply to the queries was made by the Judicial Commissioner by letter dated 31.7.2001 (Annexure 14). After receipt of the reply to the queries, the Secretary Department of Law and Justice, Government of Jharkhand, by the impugned letter (annexure -15) has pointed out that the fixation of pay of the petitioner in the scale of Rs. 880 -1510/ - from 1.4.1981 was improper and not in accordance with the Rules and that the petitioner's revised pay scale should have been fixed at Rs. 680 -965/ - from 1.4.1981 and pursuant to revision on 1.1.1996 at Rs. 4000 -6000/ -. A direction was issued therefore to fix the pay of the petitioner accordingly and after confirmation from the Finance Department of the pay so fixed, to recover the excess amount paid to the petitioner from his future salary. On the contents of the impugned letter being communicated to the petitioner and feeling aggrieved, the petitioner has challenged the impugned order of the Law Secretary in the present writ application.
(3.) IN support of the relief claimed, the learned Counsel has raised the following grounds: (i) that the directive as contained in the impugned order amounts to reduction of the pay scale of the petitioner and also amounts to his reversion and should not have been passed without affording him opportunity of being heard; (ii) that the pay scale of the petitioner as on 1.4.1981 was fixed at Rs. 880 -1510/ - by the competent authority after considering the direction of the High Court on the administrative side which was passed after allowing the petitioner's representation for fixing his seniority and his consequential pay scale on the basis of his seniority; (iii) That there was no fraud or misrepresentation by the petitioner in the matter of fixation of his pay at the aforesaid scale of pay and as such, no order should have been passed for recovery of any purported excess amount paid to the petitioner; (iv) Even otherwise, after having allowed the petitioner to draw the salary in the scale of pay fixed by the competent authority ever since 1981 till date, the petitioner cannot be called upon to refund any purported excess payment after such a long period and the mistake, if any, cannot be permitted to be rectified at this stage. (v) That the pay fixed by the Judicial Commissioner with effect from 1.4.1981 was correct and in consonance with the resolution dated 6.1.1978 issued by the Department of Personnel and Administrative Reforms by which a separate cadre for stenographers working in the Secretariat and its attached offices, was created ns a joint cadre of PAs and the petitioner being posted as PA to the Judicial Commissioner was equal in rank with the stenographers working in the secretariat and its attached offices and therefore the petitioner was entitled to the same scale of pay as given to them. Under such circumstances, the revised scale of pay of the petitioner should have been fixed at Rs. 2000 -3500/ - per month from 1.1.1986 and not at Rs. 1320 -2040/ - per month as wrongly stated in the impugned order. ;