S.N.PATHAK, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner has approached this Court with a prayer for a direction upon the respondents to grant him benefits of promotion as has been given to the other similarly situated persons who were appointed along with the petitioner on the post of Bill Clerk vide Letter No. 6020, dated 12.12.1995 and have been promoted and working on much higher pay scale of Rs. 9,300 - 34,800/- but the petitioner is still working on a pay scale of Rs. 5,200 - 20,200/-. Petitioner further prays for a direction upon the respondents to grant benefits of post and emoluments to the petitioner as given to the similarly situated persons. Petitioner further prays for a direction upon the respondents to grant him all the benefits and admitted dues which the petitioner has suffered after being shifted to the post of Store Keeper. Petitioner has further prayed for quashing the letter as contained in Memo No.5503, dated 25-10-2015, whereby the respondent No. 3 without taking prior approval of the Department of Personnel and Administrative Reforms, Government of Jharkhand, has erroneously and arbitrarily rejected application of the petitioner in which petitioner had requested tc reinstate him on the post of Bill Clerk from retrospective effect and to grant promotion and other monetary benefits which has been denied to the petitioner after being shifted from the post of Bill Clerk to Store Keeper.
(3.) The facts in short giving rise to the instant writ petition is that petitioner and 15 other employees were appointed on compassionate basis on the post of Bill Clerk in the pay scale of Rs. 1,200 - 30 - 800 vide Letter No. 6020, dated 12-12-1995, which was issued under the signature of Secretary, Water Resources Department, Government of Bihar, Patna in light of Letter No. 10375, dated 15-11-1995, issued by Personnel and Administrative Reforms Department, Government of Bihar, Patna. After his appointment, petitioner joined his service on 12.12.1995 on the post of Bill Clerk in Secretariat of Bihar, Patna. But after 8 i days of his joining, petitioner and six others were shifted to the post of Store Keeper vide Letter No.1138, dated 20.02.1996, issued under the signature of the Secretary, Water Resources Department, Bihar without taking prior approval of the Department of Personnel arid Administrative Reforms. However, other nine persons continued to work on the post of Bill Clerk. In compliance of Letter Dated 28.02.1996, petitioner joined in the office of Chief Engineer, Water Resource Department, Deoghar on 02.03.1996. Again vide letter No.1067, dated 27-3-1996, petitioner was transferred to the Department of Aayojan-cum-Niyantran and Monitering Pramandal, Deoghar as Store Keeper and subsequently, in compliance of the said order, petitioner joined as Store Keeper on 27-3-1996 and till now he is working as Store Keeper in the said Department. It is further case of the petitioner that similarly situated persons who remained to work on the post of Bill Clerk, have been promoted on a much higher pay scale of Rs. 9,300 - 34,800/- but petitioner is still working on the pay scale of Rs.5,200 - 20,200 which is much less in comparison to the pay scale of similarly situated persons. Being aggrieved petitioner made several representations before the Department and further made complaint, but to no effect. It is further case of the petitioner that a condition has been imposed by the respondents that a Store Keeper has to clear departmental accounts examination for getting the benefits of ACP but such conditions are applicable with respect to promotion of Bill Clerks. Grievance of the petitioner is that similarly situated persons who remained on the post of Bill Clerk, got their first ACP in the year 2007 and were promoted from the pay scale of Rs. 4,000 - 6,000 to Rs.6,500 - 10,500 but arbitrarily petitioner has been denied similar benefits. Petitioner was granted first MACP in the year 2012 and was promoted from the pay scale of Rs.4,000 - 6,000 to Rs.5,200y-20,200 after he cleared his departmental accounts examination conducted by the concerned department whereas in the year 2012, the similarly situated persons who remained on the post of Bill Clerk, have been promoted on a much higher pay scale of Rs.9,300 - 34,800. Being aggrieved petitioner made an application on 09.02.2012 to the Department and requested to reinstate him on his original post of Bill Clerk and further grant him promotion and other monetary benefits .from retrospective effect, but after keeping it pending for three years/without taking prior approval of the Personnel and Administrative Department, Governrnenr of Jharkhand, the respondent No. 3 has rejected the said claim of the petitioner vide his letter No. 5503, dated 29.10.2015. ;