RANCHI, India, Aug. 5 -- Jharkhand High Court issued the following order on July 4:
1. Since both these writ applications involve common question of law, as such both were heard together and are being disposed of by this common order.
2. Prayer of W.P.(S) No.1519 of 2019
(i) For issuance of an appropriate writ(s)/ order(s)/direction(s) particularly a writ in the nature of certiorari for quashing the Resolution dated 08.07.2014 contained in Memo No. 2388/ Finance Department (Annexure 4) Government of Jharkhand, whereby and whereunder it has been resolved that any appointment made against the post of Account Clerk after 10.07.2004 would be treated as the appointment made against the post of Lower Division Clerk (Accounts), and the appointment which would be made in future against the post of Lower Division Clerk (Accounts) would have the pay scale of Rs. 3050-4590/ unrevised corresponding to revised scale having P.B-1, Rs. 5200-20200 with Grade Pay of Rs. 1900/-, taking into consideration the fact that the petitioner was appointed against the post of Account Clerk having pay scale of Rs. 4000 100 6000 unrevised in 01.07.2005 and revised pay scale of Rs. 5200- 2200+ Grade Pay of Rs. 2400 in the year 2006 itself in the light of 6th pay revision. Therefore the right which has already been conferred upon the petitioner at the time of his appointment regarding his post and pay scale cannot be taken away after 9 years of his continuance service, and that too in the furtherance of the resolution/ decision taken by Government in the year 2014, much after the appointment, and giving retrospective effect, with effect from 09.07.2004 without any reasoning behind the same.
(ii) Further prays for issuance of an appropriate writ(s)/ order(s)/ direction(s) or particularly a writ in the nature of mandamus commanding upon the respondents not to give effect resolution dated 08.07.2014 as far as the petitioner is concerned on account of the fact that the applicability of the resolution dated 08.07.2014 will adversely affect the petitioner and further taken into consideration that fact that the giving retrospective effect of the resolution dated 08.07.2014 is not tenable in the eyes of law.
(iii) During the pendency of the writ petition, the operation of the impugned resolution dated 08.07.2014 contained in Memo No. 2388/ Finance issued under the signature of Secretary, Finance Department, Government of Jharkhand (Annexure 4) and order passed by Executive Engineer (Drinking Water and Sanitation, Mechanical Division, Ranchi vide order no 47 dated 07.07.2015 (Annexure-6) may kindly be stayed.
(iv) For issuance of an appropriate writ(s)/ order(s)/direction(s) particularly a writ in the nature of certiorari for quashing the order passed by Executive Engineer, Drinking Water and Sanitation, Mechanical Division, Ranchi (hereinafter to be referred as DW&C, Mechanical Division, Ranchi) vide order no. 47 dated 07.07.2015 (Annexure - 6) wherein in the light of the Resolution of Finance Department, Government of Jharkhand vide Memo No. 2388/ Finance dated 08.07.2014 (Annexure 4), it has been stated that the excess payment made to the petitioner of amount Rs. 4,21,956.00/-(Four Lakh Twenty One Thousand Nine Hundred Fifty Six) can be recovered from salary of the petitioner in 60 installments of Rs. 7,700/- per month. Pursuant to the aforesaid order the concerned Department had initiated the recovery of the excess payment made to petitioner, by deducting Rs. 7,700/- from the salary of the petitioner.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WlSkIJD%2FinHzZpfySjkJ%2FF0n6lrGLtCmS%2BcQWsfI3VqG&caseno=WPC/1519/2019&cCode=1&cino=JHHC010101432019&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
