Jharkhand High Court
Prasad Tirkey vs The State Of Jharkhand Through The ... on 22 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
L.P.A No.230 of 2014
[Against the judgment dated 27 th March 2014 passed by the learned Single Judge of
this Court in W.P.(S) No.6017 of 2004]
1. Prasad Tirkey, s/o late P.D. Tirkey, r/o Sisai Road, Loyla Nagar.
2. Sushil Oraon, s/o Sri Birya Oraon, r/o Palkot Road, Shanti
Nagar.
3. Budhdeo Oraon, s/o Sri Dhina Oraon, r/o Palkot Road, Birsa
Nagar.
4. Mahanand Kindo, s/o Sri Patras Kindo, r/o Sisai Road,
Karmdipa.
5. Isidore Lakra, s/o late Rupus Lakra, r/o Palkot Road, urmi.
6. Water Xalxo, s/o late Cabrial Xalxo, r/o Palkot Road, Ganesh
Pure.
All are at & PO-Gumla, PS & District-Gumla.
All are Class-III Employee/Non Teaching Staff, Kartik Oraon
College, Gumla, Jharkhand. ...Appellants
Versus
1. The State of Jharkhand through the Secretary, Human
Resources and Development Department, Ranchi, Jharkhand,
Project Bhawan, PO & PS-Dhurwa, District-Ranchi.
2. The Under Secretary, Human Resources and Development
Department, Ranchi, Jharkhand, Project Bhawan, PO & PS-
Dhurwa, District-Ranchi.
3. Ranchi University, Ranchi, PO-Ranchi, PS-Kotwali, District-
Ranchi.
4. The Vice Chancellor, Ranchi University, Ranchi, PO-Ranchi, PS-
Kotwali, District-Ranchi.
5. The Registrar, Ranchi University, Ranchi, PO-Ranchi, PS-
Kotwali, District-Ranchi. ... Respondents
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellants : Mr. Jay Shanker Tiwary, Advocate
For the State : Mr. Om Prakash Tiwari, GP-III
For the Ranchi University : Mr. Amit Kumar Sinha, Advocate
--------
ORDER
nd
22 March 2022
Per, Shree Chandrashekhar, J.
The appellants who were the writ petitioners are
aggrieved of the order dated 27 th March 2014 by which the writ
Court refused to interfere with the communications dated 31 st July
2004 and 16th August 2004 by which their pay scale was fixed in a
reduced scale of pay.
2. Mr. Jay Shanker Tiwary, the learned counsel for the
appellants refers to letter dated 5 th October 1989 which was
produced before the writ Court vide Annexure-11 to the writ
petition to submit that the post on which the appellants were
working merged with the post of UDC and, therefore, they are
entitled for revised scale of pay of Rs.1500-2750/-.
3. The appellants were working on the post of
Storekeeper, Counter-clerk, Typist and Shorter which are Class-III
posts. They claimed that the aforesaid posts of Storekeeper,
Counter-clerk, Typist and Shorter are equivalent to the post of
Assistant/Head Assistant/Accountant which is in the cadre of LDC
and on merger of the cadres of LDC and UDC they became entitled
for scale of pay of Rs.1500-2750/-.
4. Initially their salary was fixed in the scale of pay of
Rs.1500-2750/- but that was reduced to a lower scale of pay of
Rs.1200-1800/- and, therefore, they filed a writ petition C.W.J.C
No.3585 of 1995(R) before Patna High Court, Ranchi Bench which
was allowed in the aforesaid terms:
"Accordingly, I set aside the impugned order dated
27.1.1995 (Annexure-7). The respondents are directed to fix
the scale of pay of the petitioners who are working against
the post of Assistant/Head Assistant/Accountant and who
are graduate, in the scale of Rs.1500-2750/- as is granted
vide letter dated 13.4.1991 (Annexure-4) and to provide
those petitioners with such benefit including the arrears of
salary, if any. If any of the petitioners working against the
post, is found to be not graduate, in that case, the case of
such persons is to be fixed in the lower revised scale of
Rs.1400-2300/- and the arrears of salary to that effect is to
be provided by the respondents. The aforesaid order is to be
complied by the respondents within a period of two months
from the date of receipt/production of a copy of this order.
The writ petition is allowed, with the aforementioned
observations/directions."
5. The Ranchi University thereafter fixed their pay in the
scale of Rs.1500-2750/- but by the impugned letters dated 31 st
July 2004 and 16th August 2004 the same was revised and reduced
to a lower scale of pay of Rs.1200-1800/-.
6. The respondents have taken a stand that the appellants
were not holding the post of Assistant/Head Assistant/Accountant
and the letter dated 5th October 1989 was in respect of merger of
LDC and UDC cadres which shall not be applicable in their case
and, that their pay scale was revised and fixed in the scale of pay of
Rs.1200-1800/- correctly.
7. The learned writ Court dismissed the writ petition by
observing thus:
"The University apparently restored the pay-scale of
the petitioners to Rs.1500-2750/- on provisional basis
pursuant to the direction passed in the said judgment.
However, the approval of scale was always subject to the
final decision of the State Government in terms of the
provisions of State Universities Act. In the aforesaid set of
facts, it is apparent that these petitioners are not holding the
post of Assistant/Head Assistant/Accountant to which post
the revised scale of Rs.1500-2750/- or the previous scale of
Rs.785-1210/- is applicable. The appointment letters
annexed to the counter-affidavit of the respondents though
show that their designations were LDC/Store-Keeper but the
same were issued by the Principal of the College while the
recognition of the services of the petitioners on a particular
post i.e. an employee of the University or the College
concerned, is to be approved finally by the State Government
on the sanctioned post. The petitioners are said to be working
on the post of Typist, Store-keeper and shorter, therefore, the
scale applicable to such posts was Rs.580-860/- and the
revised scale of Rs.1200-1800/-, which has been rightly fixed
by the State Government, who is the sanctioning authority of
the fixation of the pay scale of such University or College
employees. Therefore, the action of the respondent-State and
the University cannot be found fault with. Annexure-11, relied
upon by the petitioners, is in relation to merger of the
LDC/UDC cadre and has no co-relation with the case of the
petitioners, who are admittedly not in the cadre of LDC/UDC.
Accordingly, this writ petition is dismissed."
8. From the materials on record, we find that after the
order passed in C.W.J.C No.3585 of 1995(R) pay scale of the
appellants was fixed but that was in the nature of provisional
fixation of pay scale. The whole claim of the appellants that after
re-fixation of their pay scale of Rs.1500-2750/- and that too by a
conscious decision the respondents could not have revised their
pay scale, cannot be countenanced in law. It is by now well settled
that any administrative decision can be revisited provided there is
proper foundation for the said exercise. Mr. Amit Kumar Sinha, the
learned counsel appearing for Ranchi University takes us through
the judgment in "Ranchi University, Ranchi & Ors. v. Bijay Kumar
Sharma & Ors." 2011 (1) JLJR 238 to submit that by provisional
fixation of pay scale no right would accrue to the employee and no
further show-cause notice was required to be given to the employee
before re-fixation of the pay scale.
9. Before us the appellants could not produce any
document to establish that they were holding the post of
Assistant/Head Assistant/Accountant and, that the letter dated 5 th
October 1989 would cover them. In the aforesaid circumstance, the
Court would accept the stand taken by the employer which pleaded
before the writ Court that the appellants' pay scale who were
drawing salary in the pay scale of Rs.580-860/- was revised in the
scale of Rs.1200-1800/-. We are of the opinion that the writ Court
rightly held that since the State Government which is the
sanctioning authority approved pay scale of Rs.1200-1800/- the
same has been implemented by Kartik Oraon College, Gumla under
Ranchi University.
10. For the aforesaid reasons, we do not find any infirmity
in the order dated 27th March 2014 passed in W.P.(S) No.6017 of
2004 and, accordingly, L.P.A No.230 of 2014 is dismissed.
11. I.A No.4911 of 2015 stands disposed of.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
Jharkhand High Court, Ranchi
Dated: 22nd March 2022
Amit/Tanuj
N.A.F.R
