JHARKHAND STATE LAND REFORMS REVENUE KARAMCHARI SANGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-1-68
HIGH COURT OF JHARKHAND
Decided on January 22,2008

Jharkhand State Land Reforms Revenue Karamchari Sangh Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

N.N.TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for a mandamus commanding upon the respondents to grant financial up gradation to the members of the petitioner in the pay scale of Rs. 5,000 -8,000 from the date of their eligibility and within a specified period. It has been stated that the petitioner is a registered Association and its members are Revenue employees and they are posted in different Offices/Anchals in the district of Gumla. Some of the members of the petitioner were promoted to the post of Circle Inspector -cum -Kanoongo. Vide Memo No. 5207 dated 14.8.2002 of the Finance Department, Government of Jharkhand, a decision was communicated to the members of the petitioner regarding the admissibility of the benefit of the Assured Career Progression Scheme (ACP) to them. It was, inter alia, provided that no new post is to be created except the existing post and the benefit of ACP shall be extended in the case of isolated post also having no line of promotion. According to the said provision, the members of the petitioner are entitled for the said benefit and appropriate pay scale. But the said benefit has not been given to the members of the petitioner and their pay scale was not enhanced and properly fixed
(2.) THE petitioner made representation before the respondent No. 4, but the benefits admissible under the ACP Scheme, have not been given to the petitioner. According to the provisions of the ACP Scheme, the employees who have completed 12 years and 24 years of their regular services, shall be granted financial upgradation. In view of the above, the next higher grade of the post of Circle Inspector -cum -Kanoongo is Assistant Settlement Officer/Assistant Chakbandi Officer/Chakbandi Officer and the pay scale of the members of the petitioner can be equated at the scale of Rs. 6500 -10,500. Similarly situated persons in another department have been given the said benefit, but the members of the petitioner have been deprived of the same till date. The respondents have filed their counter -affidavit, stating, Inter alia, that the revision of the scale of Revenue Karamchari under the ACP Scheme is under consideration and the Government has already taken resolution for revision of pay scale of Revenue Karamchari under the ACP Scheme.
(3.) I have heard learned Counsel for the parties and considered the facts and materials brought on record. The respondents have not denied the petitioner's claim and have made categorical statements that the claim of the petitioner's members is under active consideration of the Government. In that view, no further order of this Court is warranted at this juncture. This writ petition is, thus, disposed of directing the respondents to consider the petitioner's claim and take appropriate decision in accordance with law within a period of three months from the date of receipt/production of a copy of this order.;


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