Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioner has interalia prayed for direction upon the respondents for removal of pay anomaly and for fixation of proper scale of pay of the Mines Manager and also for payment of arrears of salary in view of refixation of the pay. Further prayer has been made for direction upon the respondents to consider the case for regular promotion to the sanctioned post of Senior Mining Engineer with effect from 01.09.1999 and thereafter, to the sanctioned post of General Manager (Technical). Further prayer has been made to consider and allow the first financial upgradation in the scale of pay of Rs.10,000-15,200/- under A.C.P. Scheme on completion of 12 years of service till regular promotion. The petitioner has further prayed for issuance of writ of certiorari for quashing the resolution dated 05.04.1988 of the Board of Director of the respondent corporation vide Annexure-I.A.-1 whereby the pay scale of Mines Manager has been downgraded to the lower scale of pay which has been impugned in pursuance to order dated 15.06.2016 passed in I.A. No.6863 of 2015.
(2.) The brief facts as has been disclosed in the writ application is that after obtaining Bachelor Degree in Mining Engineering, the petitioner was appointed under the Corporation as a Graduate Mining Engineer vide order dated 08.07.1986. Thereafter, the petitioner was directed to discharge the duties on the post of the Mines Manager in the working interest of the Corporation. Thereafter, the petitioner has been declared to be eligible to function as Second Class Manager with effect from 08.04.1988. The Manager Second Class Certificate dated 10.03.1989 was issued in favour of petitioner under the provisions of the Mines Act, 1952. After obtaining the said certificate since the pay scale of the petitioner was lower to similarly situated Second Class Mines Managers, working under the Corporation, the petitioner has brought to the notice of the respondents for removal of the Pay Anomaly vide Annexure-7 series, which was followed by another application dated 16.06.2009 (Annexure8) and 18.08.2009 (Annexure-9). Due to inaction on the part of respondents, the petitioner has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Learned counsel for the petitioner during course of hearing has referred to a rejoinder affidavit to the counter-affidavit dated 27.11.2015 by Annexure-13 where the scale of the Senior Mining Engineer (Vigilance) has been mentioned as Rs.1350-2000/-. Learned counsel by referring to Annexure-14 of the rejoinder i.e. Government of Bihar, Finance (Bureau of Public Enterprises) Department through letter dated 13.02.1981 which inter alia prescribes the Kalawadhi on completion of which an Officer of a Government Enterprise becomes eligible for being promoted to the promotional post wherein it is provided that promotions are to be allowed on completion of a minimum Kalawadhi of three years. Therefore, counsel for the petitioner submits that as per the said circular the petitioner ought to have been promoted to the higher pay scale after completion of three years of services. Learned counsel for the petitioner further refers to application dated 21.04.2004 whereby the petitioner submitted application before the competent authority to exonerate him from the punishment of censure as in the order of punishment, no charge was proved against the petitioner. Learned counsel further refers to Annexure-16/2 of the rejoinder affidavit which does not reveal any omission or commission by the petitioner. Learned counsel for the petitioner further refers to supplementary affidavit dated 24.07.2018 whereby the decision has been taken by the Board Meeting to revoke the cadre scheme and service condition 2012 and the said rule has been kept in abeyance and the Board resolved to adopt the service condition of the State of Jharkhand which has been reenforced/revised as evident from Annexure-20 by the said affidavit.;