RANCHI, India, Sept. 25 -- Jharkhand High Court issued the following order on Aug. 25:

1. Heard learned counsels for the parties.

2. The instant writ application has been preferred by the petitioners praying therein for quashing of the decision of the High-Power Committee, dated 11.11.2024, issued by the respondent no.3, contained in Memo No.2631, dated 27.11.2024. In the decision, claim of the petitioners for granting them the pay-scale of Rs.4,000-Rs.6,000/-, from the date of their absorption, in their respective posts, instead of Rs.3,050-Rs.4,590/-, has been denied and rejected.

The petitioners have further prayed for a writ in the nature of mandamus seeking direction upon the respondent authorities to follow the recommendation of the Cabinet decision, dated 30.05.2007, at its para-4, and consequently, fix the pay-scale of the petitioners at Rs.4,000-Rs.6,000/-.

Further, they have approached to enhance the arrears of salary in the pay-scale of Rs.4,000-Rs.6,000/-, w.e.f. their date of absorption in the Govt. service, till attainment of the date of superannuation.

3. The brief facts of the case as per the pleadings are that petitioners were initially appointed in the 1980s on the post of Typist-cum-Clerk in the prescribed pay-scale of Rs.4,000-Rs.6,000/- (revised) in the Adult Education wing of the then Govt. of Bihar and the appointment letters were issued by the Director, from the office of Education Department, Govt. of Bihar. The petitioners continued in services and when the scheme came to a close, the question arose before the Govt. to absorb the services of the employees who had rendered their services in the prescribed pay-scale.

In this regard, a decision was taken by the Cabinet, published vide resolution dated 30.05.2007, from the office of Human Resource Development Department, Govt. of Jharkhand. The petitioners were directed to be absorbed in the pay-scale of Rs.4,000-Rs.6,000/-. There was further caveat, conditional in the Cabinet decision that the past services will not be counted and the absorption will be treated as initial appointment. Further, the benefit of pay protection shall not be available. With this decision of the Cabinet, the respondents undertook to post the petitioners as Typist-cum-Clerk in the various departments of the Govt.

Ultimately, what culminated was that the petitioners got posted in the pay-scale of Rs.3,050-Rs.4,590/-, instead of Rs.4,000-Rs.6,000/-, i.e. against as was prescribed by the Cabinet decision dated 30.05.2007. The petitioners though gave joining, but under protest. Thereafter, they approached this Court in a series of litigation, and the present case is the third round in the series.

In the second round of litigation, involving W.P.(S) No.1280 of 2012, this Court had passed a judgment and order dated 17.01.2024, where a specific finding was provided that once the Cabinet decision has been taken to post the petitioners in the pay-scale of Rs.4,000-Rs.6,000/-, no question arises of posting them in the pay-scale of Rs.3,050-Rs.4,590/-, until Cabinet decision was reviewed by the Cabinet itself. That not being done, the petitioners would be entitled to get the pay-scale of Rs.4,000-Rs.6,000/-. On the basis of this conclusive finding, the matter was referred to the High-Power Committee, to resolve the anomaly. The respondent authorities, however, passed the impugned decision, contrary to the findings of this Court. Hence this writ application.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xy3OKaepMvxLmatsPywXSUlm%2Fhf0bWdpnmo4EbcT0Gq5&caseno=WPC/1793/2025&cCode=1&cino=JHHC010095012025&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.