- (1.) IN the instant writ application the petitioner prays for following reliefs: A. The petitioner prays for issuance of an appropriate writ, order or direction commanding upon the respondents for quashing an order dated 04.06.2007 bearing memo No.1230 whereby and whereunder the Chief Engineer, Minor Irrigation Department, Ranchi reduced the pay scale of the petitioner without any rhyme or reason and directed the Executive Engineer, Dumka that he will act accordingly and it is also mentioned that if it is found in future excess payment has been made on the basis of financial upgradation then the excess amount will be recovered in one time and against that no appeal will lie either before the Government or before any Court of law. It is also mentioned that no arrear payment will be made of before 15.11.2000. B. The petitioner further prays for issuance of an appropriate writ, order or direction commanding upon the respondents for quashing the Office order dated 26.06.2007 as contained in memo No.545 whereby and whereunder petitioner's pay scale has been reduced by the Executive Engineer, Dumka on the basis of letter issued by the Chief Engineer, Minor irrigation Department, Ranchi vide memo No.1230 dated 04.06.2007. C. The petitioner further prays for issuance of an appropriate writ, order or direction commanding upon the respondents to grant benefits of the A.C.P. scheme while completing the services of 12 years/24 years and is entitled to pay scale of Rs.4500 - 7000/ 5000 -8000 and also pay the differences on arrear with interest on the basis of benefits of A.C.P. D. The petitioner further prays for issuance of an appropriate writ, order or direction commanding upon the respondents to re -fix the pension on the pay scale of 5000 -8000 for which petitioner is entitled. E. The petitioner further prays for issuance of an appropriate writ, order or direction commanding upon the respondents forthwith payment of differences of salary with interest in between 01.04.1991 to 31.03.1997 in which petitioner had got the pay scale of 1320 -2040 but junior to the petitioner had received the pay scale of 1400 -2300. F. The petitioner further prays of issuance of an appropriate writ, order or direction commanding upon the respondents to pay forthwith the arrear salary of Rs.24,920/ -with interest in between 01.04.1997 to 14.11.2000 due to approved pay scale of driver grade -I i.e. 4000 -6000/ -w.e.f. 01.01.1996.
(2.) INITIALLY the petitioner had preferred a Writ Petition (S) No.713 of 2003 challenging the decision of the respondent whereby pay scale of the petitioner was fixed at a lower scale. It further challenged the direction issued for excess amount from the petitioner. This Court while disposing of the Writ Petition vide order dated 17.6.2003 directed that the petitioner would be entitled to pension and other benefits in accordance with law on the pay scale last drawn by him. He was also given liberty to file writ petition in case of any further grievance. Again a Writ Petition (S) No.6900 of 2006 was filed to grant him the benefit of A.C.P. claim and also to pay the difference of arrears of pay and to revise/refix the pension. The petitioner was again given liberty to file representation before the Chief Engineer. A Screening Committee was constituted at the level of Chief Engineer and the matter was considered and investigated and it was found that from 01.01.1996 the revised pay scale of Rs.4000 -6000/ -was sanctioned in case of petitioner whereas from 01.01.1996 for others the pay scale sanctioned was Rs.3050 -4590/ -. It was also decided that the first A.C.P. benefit was given with effect from 09.08.1999 in the pay scale of Rs.3200 -4900/ -as per the decision taken by the Committee constituted by the Finance Department on 14.3.2002 and further with effect from 9.8.99 the pay scale of Rs.4000 -6000/ -was also sanctioned modifying the earlier pay scale. It also indicated that in case if it is found that if any payment has been made in excess the same shall be recovered. Finally an Office order was issued to that effect on 26.6.2007 indicating that the dues shall be paid from 15.11.2000. In the instant case the benefit was given to the petitioner provisionally of first and second A.C.P. with effect from 9.8.99 on the pay scale of Rs.32004900/ - and 4000 -6000/ -respectively in accordance with the guidelines issued by the Finance Department on the completion of 12/24 years of service on the post of Truck Driver. There was no scale of Truck Driver of Rs.4000 -6000/ - on 01.01.1996. Thus the order passed by the Chief Engineer appears to be in accordance with the rules.
(3.) IN the counter affidavit the respondents have also submitted that in view of the recent order of the Karmik & Administrative Reforms Department, letter No.4411 dated 20.8.2007 the pay scale was being revised and it has been decided by the Government to enhance the scale of Rs.4000 - 6000/ -as first A.C.P. and 4500 -7000/ -as second A.C.P.;