- (1.) IN the instant writ petition the petitioner prays for following reliefs: (i) For issuance of an appropriate writ, order or direction particularly a writ in the nature of certiorari for quashing the order contained in Memo No. 234(ii) dated 1.3.2007 by which the claim of the petitioners for grant of pay scale of Rs. 4,000 -6,000/ - for the post of clerk has been rejected and granted pay scale of Rs. 3050 -75 -3960 -80 -4590/ -, giving reference to letter dated 10.7.2004 issued by the Finance Department that the petitioners are entitled for this scale only, though this cannot be given retrospective effect as the process of selection as per advertisement initiated in the year 1998 itself and hence, that letter dated 10.7.2004 is not applicable and the rejection of the claim of the petitioners is illegal, void and without jurisdiction. (ii) For issuance of an appropriate writ, order or direction particularly a writ in the nature of mandamus commanding the respondents not to give effect to the letter of the Finance Department dated 10.7.2004 as the law is settled that if any process of selection initiated and any new rule or circular comes, then that cannot be given retrospective effect until and unless the same is stated in the said letter and/or rules otherwise it be will be acted upon prospectively and admittedly the process of selection was initiated in the year 1998 and the name of the petitioners were considered and found fit prior to issuance of said letter of the Finance Department dated 10.7.2004. (iii) For issuance of an appropriate writ, order or direction particularly a writ in the nature of mandamus commanding the respondents to grant pay scale of Rs. 4,000 -6,000/ - to the petitioners in place of pay scale of Rs. 3,0504,590/ -
(2.) THE facts in brief, are set out as under: - According to the learned counsel for the petitioners, the entire process commenced in the year 1998 when the post was advertised and the selection process followed thereafter and in all case the appointment letter was issued on 23.8.2004. The learned counsel for the respondents submits that pursuant to the instruction and the order issued by the Finance Department vide its letter No. 1543 dated 10.7.2004 enclosed as Annexure -5 to the writ petition the post of clerk in the collect orate and other muffasil were demerged into lower division clerk and upper division clerk in the corresponding pay scale of Rs. 3,050 -4,590/ - and Rs. 4,0006,000/ - respectively. In paragraph 5 of the counter affidavit they have specifically submitted that this circular/instruction of the Finance Department was to apply prospectively to all appointments made thereafter, i.e. it was prospective in nature.
(3.) I have considered the rival submissions and the pleadings. It will be evident from Annexure -6 at page 31 that all the three petitioners were appointed subsequent to the issuance of the letter No. 1543 dated 10.7.2004 issued by the Finance Department to the post of lower division clerk at the pay scale of Rs. 3,0504,590/ -. There is also no dispute about the fact that demerger took place prior to the issuance of appointment letter. The petitioners were born in the department by virtue of their appointment letter issued on 23.8.2004 which is admittedly subsequent to the instruction and the order of demerger issued by the Finance Department vide its letter No.1543 dated 10.7.2004 and the same has been uniformly applied and thus there cannot be any basis for the claim on the part of the petitioner for a higher pay scale. It is also clear that there was no legal, accrued or vested right prior to the issuance of the instruction letter No.1543 dated 10.7.2004 which can be enforced by way of mandamus in a writ jurisdiction. There is also no dispute about the fact that the post to which the petitioners were appointed is lower division clerk and they are getting the corresponding pay scale applicable and there has been no discrimination in this regard.;