Petitioner challenged denial of pay-scale Rs.5000-8000/-, alleging discrimination against similarly situated employee. Court held petitioner lacked required Senior Auditor qualification. Challenge to 2001 order barred.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 1748 of 2008
Baidyanath Labh son of Late Sri Narayan Lal, resident of Edalhatu, P.O. Ranchi University, P.S. Bariatu, District Ranchi
.... ..... Petitioner
Versus
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Krishna Shankar, Adv. For the State : Mr. Rahul Kamlesh, JC to SC-II
08/ 10 . 03.2017 Supplementary-affidavit dated 09.03.2017 of the
petitioner is taken on record.
2. Challenging orders dated 14.08.2001, 13.11.2006 and 27.02.2008, the petitioner has approached this Court.
3. Insofar as challenge to order dated 14.08.2001 is concerned, it needs to be recorded that the petitioner in W.P.(S) No.2528 of 2001 came before this Court with a prayer for grant of pay-scale of Rs.5000-8000/-, however, in the said proceeding order dated 14.08.2001 was not challenged by him. A specific objection in respect of this was raised by the respondents which is reflected in order dated 03.03.2003 passed in W.P.(S) No.2528 of 2001. Evidently, challenge to order dated 14.08.2001 in the present proceeding is barred by constructive res-judicata. Orders dated 13.11.2006 and 27.02.2008 have been passed on subsequent representations of the petitioner.
4. The claim of the petitioner is that he has been denied pay-scale of Rs.5000-8000/- while another similarly situated
2
employee namely, Dr. Ranjit Kumar has been granted the same. The learned counsel for the petitioner referring to Resolution dated 08.06.1999 submits that a directly appointed Accountant is entitled for revised pay-scale of Rs.5000-8000/-. Order dated 03.03.2003 in W.P.(S) No.2528 of 2001 would disclose that the respondent-State took a specific stand that the said Dr. Ranjit Kumar falls under Accountant category-iv and he was getting pay-scale of Rs.1320-2040/-. The petitioner was appointed in the pay-scale of Rs.680-965/- which was revised w.e.f. 01.01.1986 to Rs.1200-1800/-. In the Schedule appended to Resolution dated 08.06.1999 corresponding pay-scale of Rs.1200-1800/- is Rs.4000-6000/-. It is not in dispute that the petitioner is getting this pay-scale. In the present proceeding or in any of his representations, except pleading that he is similarly situated to the said Dr. Ranjit Kumar, the petitioner has neither pleaded nor produced a document which would indicate that at the time of appointment he possessed the qualification for appointment as Senior Auditor. Only those directly appointed Accountants having Graduate qualification besides the qualification for appointment as Senior Auditor were placed in the pay-scale of Rs.1400-2600/- of which the corresponding pay-scale is Rs.5000-8000/-, which is the pay-scale of Accountant category-iv. The petitioner does not fulfill this criteria and while so, he is not entitled for the pay-scale of Rs.5000-8000/-
5. The writ petition stands dismissed.
(Shree Chandrashekhar, J.)
R.K./Pankaj
2 issues framed by the court
Whether the petitioner is entitled to the pay-scale of Rs.5000-8000/- as he claims to be similarly situated to another employee who received it.
Whether the challenge to the order dated 14.08.2001 is barred by res judicata.
Baidyanath Labh
The State of Jharkhand
The Secretary, Department of Welfare
The Secretary, Department of Finance
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
