JHARKHAND HIGH COURT ISSUES ORDER ON GARIBAN PASWAN AND ORS. THE STATE OF JHARKHAND AND ORS.

RANCHI, India, July 22 -- Jharkhand High Court issued the following order on June 23:

Heard learned counsel for the parties.

2. The instant writ petition has been preferred by the Petitioners praying therein for quashing of the order as contained in letter dated 09.10.2014 (Annexure-2); wherein the 2nd Respondent has taken a decision with regard to grant of ACP.

3. The case of the Petitioners is that the decision with regards to grant of ACP is an arbitrary decision as per wrong fixation of pay scale of the Petitioners at 6500-10500 and 7500-12000 instead of the applicable pay scale of 8000-13500 (GP - 5400) i.e. equivalent to next promotional post, and as such the said pay scale fixed by the Respondents vide impugned letter dated 09.10.2014 (Annexure-2), is dehors the scheme of ACP and MACP (Annexure-1).

It has been alleged by the Petitioners that during the grant of 2nd ACP which became due on 15.06.2008, the Petitioners were entitled to a pay scale of 8000-13500 (GP - 5400) i.e. equivalent to next promotional post, as Petitioners were eligible for the same as per the ACP scheme; however the Petitioners were given the said ACP in the wrong pay scale i.e. 7500-12000 (GP -4800) instead of 8000-13500 (GP - 5400). As a result of which; the anomaly caused in the 2nd ACP, the 3rd MACP which became due on 15.06.2014 was also given wrongly in the pay scale of 8000-13500 (GP-5400) instead of 15600- 39100 (GP-6600), i.e. next higher-grade pay.

4. The Petitioners were appointed at the post of SubInspector in the year 1984 and the next promotional post is that of an Inspector and thereafter of Deputy Superintendent of Police (Dy. SP) followed by the post of Sr. Dy SP.

5. Ms. Khushboo Kataruka, Ld. Counsel for the Petitioners submits that the service conditions as applicable to the Petitioners were stated in the advertisement dated 20.02.1982, wherein it is was categorically indicated that the successful candidates at the post of sub-inspector, will be granted two promotions i.e. Inspector and Dy SP.

She further submits that Clause 3(X) of the ACP Scheme was repealed vide Office Order dated 20.03.2007 and in view of the modification by the Finance Department by deleting Clause 3(X) and 3(XVI) of the ACP Scheme (Resolution No. 5207 dated 14.08.2002), the 1st and 2ndACP were granted according to the hierarchy to the officers of the basic grade pay scale. However, the Respondent State completely lost sight of the fact that Clause 3(X) of the ACP Scheme was repealed vide Office Order dated 20.03.2007.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d%2B%2FaFufFI%2FKJHAv1Oc1KavtjeAx3M0DIFXe5PnzVGytv&caseno=WPC/3970/2020&cCode=1&cino=JHHC010301692020&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.