S.N. Pathak, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioners have approached this Court for a direction upon the respondents to treat their service as Senior Accounts Clerk and further provide them revised pay scale meant for Senior Accounts Clerk considering the fact that in light of merger of Junior Accounts Clerk vide letter no. 1876, dated 18.02.1981, no decision of demerger has yet been taken by the State Government and aforesaid fact of demerger has also been accepted by the Commissioner and Secretary, Department of Finance vide letter no. 6389. Dated 28.09.1999. Petitioners have also prayed to show-cause the respondents as to under what authority the cutoff date for demerger of Senior Accounts Clerk and Junior Accounts Clerks has been fixed as 09.07.2004 vide letter no. File No. 12/S (Nayalay Mamla) 07/2014-2388/F dated 08.07.2014, issued by the Department of Finance. Further prayer has been made for a direction upon the respondents to consider their representation and make the date of demerger effective from the date of publication of letter no. 2388/F dated 08.07.2014, issued by the Department of Finance i.e. from 08.07.2014.
(3.) The facts of the case in brief is that petitioners joined their services as Junior Accounts Clerks on various dates, earliest being 11.11.2004. They are aggrieved by the letter bearing no. 2388/F dated 08.07.2014 as the same has severely affected the petitioners in a way that it has deprived them from getting the pay scale of Senior Accounts Clerks. In spite of being appointed as early as in the year 2004, opportunity of being treated as Senior Accounts Clerk has been ousted by publication of impugned letter. Pursuant to the letter no. 1876, dated 18.02.1981, issued by the State of Bihar, amalgamation of Junior Accounts Clerk and Senior Accounts Clerk was carried out wherein only one post of Senior Accounts Clerk existed after amalgamation. The Junior Accounts Clerks were given pay scale of Rs.220 315 and Senior Accounts Clerks were given the pay scale of Rs.260 408. After amalgamation, pay scale admissible to the amalgamated post of Senior Accounts Clerk, was Rs.260 408. Such amalgamation was made effective from 01.05.1980. Thereafter, a proposal for demerger of various posts which had been merged on various dates, was proposed by the Finance Department, Government of Bihar vide letter no. 6389/F dated 28.09.1999. After bifurcation, the State of Jharkhand vide its letter no. 1543/F dated 10.07.2004, carried out demerger of LDC and UDC in terms of the letter no. 6389/F, dated 28.09.1999, issued by State of Bihar. The petitioners and others moved before this Court vide W.P.(S) No. 6507 of 2002 praying therein for a direction upon the respondents to treat their service as Senior Accounts Clerk and provide them the revised pay scale of as admissible to the post of Senior Accounts Clerk in light of implementation of 4th, 5th and 6th Pay Revision. It was further pleaded that in the same grade others have been extended the benefits in light of merger of Junior Accounts Clerk and Senior Accounts Clerk vide letter no. 1876, dated 18.02.1981. The said writ petition was disposed of vide order dated 18.07.2008 giving liberty to the petitioners to file fresh representation and the concerned authorities were directed to take a decision in accordance with law and dispose of the representation by speaking order. Pursuant to the order dated 18.07.2008, passed in W.P.(S) No. 6507 of 2002, the Finance Department, Government of Jharkhand, Ranchi vide letter no. 2388/Fi dated 08.07.2014, carried out the process of demerger of Junior Accounts Clerk and Senior Accounts Clerk wherein it was stated in sub para-4 that such demerger shall take place in light of letter no. 1543, dated 10.07.2004 and similarly this demerger of Junior Accounts Clerk and Senior Accounts Clerk has been made effective from 09.07.2004. Petitioners are aggrieved by sub para-4 of letter no. 2388/F dated 08.07.2014 wherein the effective date of demerger has been fixed as 09.07.2004. Being aggrieved the petitioners have filed their representations but the respondents are sitting tight over the matter and no order has been passed on pending representations and as such, they have knocked door of this Court.;