- (1.) THIS petition is disposed of at the motion stage with consent of the parties.
(2.) THIS petition has been filed by the petitioner for seeking following relief: '' For a direction to the respondents to show -cause as to how and under what circumstance the pay scale of the petitioner is not being corrected in pursuance to the Resolution dated 17.12.2007 (Annexure -3) and is not getting the scale of Rs. 8,000 -13,500/ - instead of Rs. 6,500 - 10,500/ - and for a further direction to fix the pay of the petitioner in the scale of Rs 8,000 -13,500/ - and pay its arrears w.e.f. 1.3.2007 till date immediately and forthwith as is being paid to the similarly situated employees of the other department of the Government of Jharkhand. And for any other'relief or reliefs to which the petitioner may be found entitled. 'The facts in nutshell is that the petitioner was appointed on the post of Assistant Director (Gazetted Officer, Class -ll) in the pay.scale of Rs. 2,200 -4,000/ - on the recommendation of Bihar Public Service Commission on 26.9.1998 (Annexure -2 to the writ petition) and pursuant upon the recommendation, he was appointed by the Government. The petitioner has further stated that 5th Pay Scale Revision was implemented on 1.1.1996 and after implementation of the 5th Pay Revision, the pay scale of the petitioner alongwith other similarly situated employees of Class -ll was revised from Rs. 2,200 -4,000/ - to Rs.6,500 - 10,500/ -. Thereafter some anomaly arose regarding the pay fixation of such officers and that anomaly was resolved by the Government vide resolution dated 17.12.2007 holding that the officers'who were appointed in the pay scale of Rs. 2,200 to 4,000/ - (unrevised) and later on it was revised pursuant to the pay revision of the 5th Pay Commission to Rs. 6,500 - 10,500/ - and if their next promotional pay scale was Rs. 10,000 to 15,200/ - then their pay scale was upgraded to Rs. 8,000 to 13,500/ -. The other such similarly situated officers except in the case of the petitioner, the pay scales were revised in the State of Jharkhand pursuant to the said resolution but the pay scale of the petitioner was not revised from Rs. 6,500 - 10,500/ - to Rs. 8,000 -13,500/ - and though this case of the petitioner was fully covered by Clause -4 of the said resolution. Hence this petition was'preferred. Arun Choudhury Versus State Of Jharkhand
(3.) THE respondents filed the counter affidavit. The main emphasis laid down in the counter affidavit is that the fixation of the pay scale is the subject matter of the Department of Finance. The Department vide resolution dated 17.12.2007 sanctioned the modified scale of pay to those identified post of State Cadre Service whose basic scale was Rs. 6,500 -10,500/ - and whose next promotional scale was Rs.10,000 -15,200/ -. it is further alleged that the post of Assistant Director of Planning and Development is not included in the list identified post of State. Cadre Service of the Finance Department whose next higher scale was Rs.10,000 to 15,200/ - and thus the petitioner is not entitled to get the said pay scale.;