Jharkhand High Court

Dr. Md. Sharifur Rahman vs The State Of Jharkhand on 21 June, 2021

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IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 W.P.(S) No. 5650 of 2012
1. Dr. Md. Sharifur Rahman
2. Ahok Kumar
3. Dr. Anand Kumar Sinha                            ..... Petitioners
                             Versus
1. The State of Jharkhand
2. The Principal Secretary, Department of Finance,
  Government of Jharkhand, Project Building,
  PO & PS- Dhurwa, District- Ranchi, Jharkhand
3. The Principal Secretary, Department of Welfare,
   government of Jharkhand, Project Building,
   Post Office & Police Station- Dhurwa,
   District- Ranchi, Jharkhand          .....  Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioners : Mr. Saurabh Shekhar, Advocate For the Respondents : Mr. Sreenu Garapati, SC-III

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15/ 21.06.2021 Heard through V.C.

2. The instant writ application has been preferred by the

petitioners commanding upon the respondent Authorities to

forthwith release the pay scale at par with the Central Government

employees and in pursuance of the resolution dated 28th February,

2009 as contained in Memo No.660, whereby the recommendation

of 6th Central Pay Commission has been implemented and adopted

by the State of Jharkhand w.e.f. 01.01.2006, by which, the State of

Jharkhand has decided that post-wise Central Scales of Pay shall be

accepted. The petitioners have further prayed for a direction upon

the concerned respondent to forthwith release the revised pay

structure/ pay band/ scales in the pay scale of Rs.15600-39,100/-

corresponding to Grade Pay of Rs.5400/- in Pay Band III as the

petitioners are holding the posts of Ayurvedic Medical Officer of

which the pay scale is Rs.8000-13,500/- (Pre revised) and at present

Rs.9300-34,800/- in Pay Band II.

3. At the outset, Mr. Saurabh Shekhar, learned counsel for

the petitioners submits that similar issue was involved in writ

application being W.P.(S) No.6143 of 2013 and the same has been

decided. Relying upon the aforesaid judgment learned counsel

submits that this case can be disposed of by directing the concerned

respondent to allow the prayer of the petitioners in the light of

judgment passed in W.P.(S) no.6143 of 2013.

4. Mr. Sreenu Garapati, learned SC-III appearing for the

respondent- State fairly submits that since consequential order has

already been passed pursuant to the judgment passed in the case of

W.P.(S) No.6143 of 2013; as such the instant writ application has

become infructuous.

5. Having heard learned counsel for the parties and after

going through the order passed in W.P.(S) No.6143 of 2013, it

appears that the issue involved in this case has already been decided

by this Court. For ready reference, paragraph Nos. 14, 15 and 16 of

the judgment rendered in W.P.(S) No.6143 of 2013 is quoted herein

below:

14. Having heard learned counsel for the parties, this Court taking into account the submission and the documents brought on the record comes to the conclusion that the prayer of the petitioners are fit to be allowed for the following reasons:-

(i) By Memo No. 1213 dated 3.5.1978 the service conditions of the allopathic doctors and doctors belonging to indigenous system of medication have been kept at par.

(ii) By gazette notification dated 5.12.1979 the Recruitment Rules and process of recruitment for the indigenous system will be same as that of the State Medical Service Cadre.

(iii) In view of the 6th Pay Revision Committee the benefit of DACP should be extended to all doctors irrespective of their stream in allopathic or in indigenous system of medication.

(iv) In view of Annexure-14 to the writ petition Recommendation of 6th PRC to treat the doctors of indigenous system of medication at par with allopathic doctors in their service conditions, pay, allowances and other benefits.

(v) In view of the Gazette Notification dated 17.03.1998 the indigenous system of medication has to be considered as Group A services, which is brought as Annexure-13 to the writ petition.

(vi) In view of the circular dated 17.12.2007, the Government of Jharkhand took the decision that the Central Service Condition of the Central Govt. Employees mutatis mutandis same for the State Govt. employees. As such the provision of gazette notification dated 17.03.1998 deemed to be applicable to the petitioners declaring them Group A services.

(vii) Up to 5th PRC w.e.f. 18.12.1989 the Allopathic doctors have been provided pay scale in revised pay scale of Rs. 2425- 4000 anomaly has been created and pay scale of indigenous system was fixed at Rs. 2200-4000 (Annexure-8 to the writ petition).

(viii) Another resolution dated 08.02.1999 the Allopathic and indigenous doctors have been provided pay scale Rs. 6500- 10500.

(ix) Circular dated 17.12.2007 it clears that all those State Cadre Officer who are getting Rs. 2200-4000 who have been granted the revised pay scale Rs. 6500-10500 and as such their amount scale has been Rs. 8000-13500

is in accordance with Central Service Conditions. This circular has been adopted by the State of Jharkhand mutatis and mutandis.

(x) In this the petitioners started getting salary in pay scale of Rs. 8000-13500/-.in the same cadre some other persons have been allowed to GP 5400 and the petitioners have been discriminated.

(xi) The rights of the petitioners accrued by gazette notification dated 05.12.1979 and circular dated 17.12.2007. Thus, Rule 2018 not coming in the way of providing the benefits in favour of the petitioners.

15. As a cumulative effect of the above facts and reasons and the documents brought before this Court, this Court finds that the impugned order cannot sustain in the eyes of law and as such the letter dated 27.09.2011 is fit to be quashed. There is no reason as to why these petitioners will be discriminated and as such they are also entitled for the scale of Rs. 9300-34800 in the GP. 5400 as the similarly situated persons are being provided w.e.f. 01.01.2006 and they will be entitled for this benefit from 01.01.2006 the date when the 6th PRC has been came in existence.

16. In the light of directions issued herein above, the petitioners are also be entitled for DACP, the Authorities shall pass an appropriate speaking order in this regard for extending the benefits in favour of these petitioners within 8 weeks' from the date of receipt/production of a copy of this order."

6. Having regards to the facts of the case, the instant writ

application is hereby disposed of with a direction to respondent No.2

to take a decision and pass a speaking order with regard to extending

the benefits including the benefits of DACP as prayed in the instant

writ application; strictly in the light of order passed in W.P. (S)

No.6143 of 2013.

7. It goes without saying that since the decision has already

been taken by the Government with regard to the petitioners of

W.P.(S) No.6143 of 2013; as such the speaking order shall be passed

by the respondent No.3 in consultation with respondent No.2, within

a period of 6 weeks from the date of receipt/production of copy of

this order. Thereafter, the monetary benefits which will accrue