- (1.) In W.P. (S) No.277 of 2018 the petitioners have prayed for the following reliefs:- (i) For quashing paragraphs IV, VI and VII of Gazette Notification No.603 dated 19.07.2016 of Government of Jharkhand; (ii) Further to quash Memo No.570 dated 29.03.2017 issued by Deputy Secretary, Transport Department, Government of Jharkhand (iii) Further to hold the decision of the State of Jharkhand to absorb the petitioners and other similarly situated persons from 24.08.2011 illegal and unlawful and to declare that the petitioners be treated to be absorbed in the service of the State of Jharkhand notionally from their initial date of appointment and that they shall be given continuity in service. (iv) To allow all benefits to the petitioners including Earned Leave Encashment, Gratuity, Arrears of Salary, Pension revised in terms of 5th and 6th Pay Commissions and other benefits admissible in law. (v) To declare that the National Pension Scheme is not applicable to the petitioners, as the petitioners are being absorbed in the State of Jharkhand and National Pension Scheme came into force, accordingly, further declare that the petitioners are entitled to eh benefit as are applicable to the employees appointed prior to 01.01.2005. Since common prayers have been made in the other two writ petitions and the issues involved are almost similar, all these three writ petitions have been heard together and are being disposed of by this common order. By filing I.A. No.5211 of 2018 in W.P. (S) No.277 of 2018, the petitioners have further prayed for quashing paragraph 6(i) of Gazette Notification No.603 dated 19.07.2016 issued under the signature of Deputy Secretary, Transport Department, Government of Jharkhand as also for quashing letter No.129 Ranchi, dated 06.02.2018 issued by the same authority. In I.A. No.10403 of 2018 filed in W.P. (S) No.3961 of 2018, prayer has been made by the petitioner for a direction upon the respondents- authorities to re-fix his salary since March, 2017 while calculating and counting his past service from the date of appointment and not from the date of absorption as has been effected in Gazette Notification dated 19.07.2016 and 29.03.2017. FACTUAL MATRIX
(2.) After bifurcation of the State, two separate States i.e. the State of Bihar and the State of Jharkhand came into existence from 15.11.2000. By an order of the Government of India dated 14.01.2004, the assets and liabilities of the BSRTC was apportioned between the State of Bihar and the State of Jharkhand in the ratio of 65:35. The BSRTC stood dissolved with effect from 30.06.2004. The employees of BSRTC being allocated the cadre of Jharkhand became the employees of the State of Jharkhand with effect from 01.07.2004. The Ministry of Transport recommended that the employees may be given the benefit of 5th and 6th Pay Commission if they have been absorbed. The Government of Jharkhand had earlier come with a notification regarding 'appointment' of the petitioners instead of 'absorption'. However, later on, the Department of Transport, Government of Jharkhand, issued a resolution No.273 dated 09.03.2015 stating therein that in view of the direction of the Hon'ble Supreme Court, the word "appointment" is hereby deleted and the employees are being considered for "absorption" with all benefits in the light of the resolution No.273 dated 09.03.2015. The Department of Transport, Government of Jharkhand thereafter issued Resolution No.480 dated 04.04.2016 regarding absorbing the services with effect from 24.08.2011. Further, vide resolution No.603 dated 19.07.2016, the Department of Transport resolved to give salary of the employees as per the 6th Pay Revision and in case the salary is less than the employees used to receive as an employee of the BSRTC, then the benefit of pay protection would be given. It was further resolved that since the date of absorption i.e. 24.08.2011, the new pension scheme shall be applied in the case of the absorbed employees. Since the employees/petitioners have been considered to be working in the services of the Government of Jharkhand with effect from 24.08.2011 due to application of new pension scheme, they have been denied the benefit of gratuity as well as pension. It is further case of the petitioner that in some of the districts of State of Jharkhand like Chaibasa, Simdega, Seraikella and Ramgarh, the employees of the Transport Corporation were getting the benefits of pay revision and past service in light of resolution No.273 dated 09.03.2015 issued by the Department of Transport, Government of Jharkhand, but when the employees of other districts raised issue of parity, the same was withdrawn and a direction was issued to make payment of salary in accordance with resolution No.603 dated 19.07.2016. The employees of BSRTC as well as similarly situated persons writ petitions being C.W.J.C. No.7985 of 2005, C.W.J.C. No. 18489 of 2011, C.W.J.C. No. 16460 of 2012 and C.W.J.C. No. 24999 of 2013 before the Hon'ble Patna High Court for a direction to the respondents for implementation of the recommendations of 5th and 6th Pay Commission with effect from 01.04.1997 and 01.04.2007 respectively. All the writ petitions were heard together and the Hon'ble Patna High Court held that the petitioners are entitled to 5th and 6th Pay Revision Commissions' recommendations.
(3.) The employees who were absorbed in the State of Jharkhand in view of the bifurcation of the State were denied the legal rights with respect to pay revisions as per the 5th and 6th Pay Commission and the benefits of pay differences, continuity of services and past service, whereas the counterpart's similarly situated employees are enjoying the fruits of 5th and 6th Pay Commissions' benefits. The petitioners herein are aggrieved by the non- consideration of their cases regarding benefits of 5th and 6th Pay Commissions and also consideration of their cases regarding benefits of pay difference from the date of bifurcation i.e. 01.07.2004 regarding gratuity, unauthorized leave, pension and other benefits, all continuity of services and bonus and hence they have been constrained to knock the door of this Court.;