@JUDGMENTTAG-ORDER
S.J. Mukhopadhaya, J.@mdashThe petitioner, being not satisfied with the replaced pay scale provided to him, has challenged the decision taken
by the respondents and communicated through letter No. 879 (Estt.) dated 25.9.2001, whereby and whereunder, the Deputy Commissioner,
Palamau has rejected the prayer to provide the pay scale of Rs. 1600--2780/-, in place of Rs. 1500--2750/- to him.
2. A prayer has also been made to direct the respondents to pay the petitioner has GPF amount, taking into consideration the deductions made
between the period 1954 and 1975, the accounts of which was kept with the A.G., Bihar.
3. The case of the petitioner is that he was appointed on 30.5.1954 as a Stenographer at Palamau Collectorate and was allowed First Time Bound
Promotion to Junior Selection Grade with effect from 1.4.1981 followed by Second Time Bound Promotion granted in the Senior Selection Grade
with effect from 1.4.1984. The petitioner was allowed Sr. Selection Grade in the pay scale of Rs. 785-- 1210/-. After acceptance of the
recommendations made by the Pay Revision Committee vide resolution dated 18th December, 1989, the Stenographers were provided with
replaced pay scale of Rs. 1400--1600/- and 1500-- 2750-. The petitioner having been granted Sr. Selection Grade was provided with replaced
scale of Rs. 1500--2750/- in place of Rs. 785--1210/- (old scale).
4. Some of the persons who were in the Junior Selection Grade Stenographers, being not satisfied, represented before the Pay Anomaly Removal
Committee. The said committee on consideration recommended to provide replaced scale of Rs. 1500--2750/- to Junior Selection Grade
Stenographers, which was accepted by Govt. Resolution dated 8th February, 1996.
5. After the acceptance of recommendation of the Pay Anomaly Removal Committee. vide resolution dated 8th February, 1996, the scale of pay
of Junior Selection Grade and Senior Selection Grade Stenographers became same i.e. Rs. 1500--2750/-. This, according to petitioner, created
anomaly, both Junior Selection Grade and Senior Selection Grade Stenographers having been provided the same scale of Rs. 1500--2750/-. In
this background the persons like petitioner, who were in the Senior Selection grade, sought for next higher replaced scale of Rs. 1600-- 2780/-
and had to move before the Court in CWJC No. 968/1999 @ which was disposed of with a direction to respondents to decide the
representation. The said representation now stands rejected by Deputy Commissioner, Palamau vide letter No. 879 dated 25th September, 2001.
6. The stand taken by petitioner that the Senior Selection Grade being the next higher grade to Junior Selection Grade, which is also allowed on
2nd Time Bound Promotion, should be provided with next higher replaced scale of Rs. 1600--2780/-. However, the question as to which
replaced scale be provided to one or other grade employees of the State cannot be determined by this Court under Article 226 of the Constitution
of India, as the matter requires determination by a committee of expert, such as, Pay Revision Committee/Pay Anomaly Removal Committee or
the competent authority of the State. It is also true that the Deputy Commissioner of a district is also not competent to determine as to which
replaced pay scale should be provided to one or other category of employee and, thus, instead of decision by himself, the Deputy Commissioner,
Palamau should have referred the matter to the Finance Department of the State for determination of the issue.
7. In the aforesaid background the decision of Deputy Commissioner, Palamau communicated vide letter No. 879 dated 25th September, 2001 is
set aside and the petitioner is given liberty to bring the matter to the notice of Finance Commissioner cum Secretary, Finance Department.
Government of Jharkhand, Ranchi, who will determine the issue, if required taking opinion of a committee and communicate the decision to the
petitioner on an early date, preferably within six months.
8. So far as the contribution towards G.P.F. for the year 1954 to 1975 is concerned, the District Provident Fund Officer, Palamau has stated that
the opening balance for the period 1970- 71 was Rs. 3714/- wherein interest up to the year 1994 has been added and the same has been sent to
the A.G., Bihar for issuance of an authority slip for Rs. 7883/- which has been issued vide letter No. 475 dated 26th February. 2000 for payment
in favour of petitioner. A chart showing the calculation, enclosed to the counter affidavit, however, shows the opening balance of Rs. zero as of the
year 1975-76. As it is not clear as to how the opening balance has been shown to be zero, the case is remitted to the District Provident Fund
Officer, Palamau who will verify and recalculate the P.F. amount taking into consideration the opening balance of the year 1970-71 as mentioned
in the counter affidavit and forward the calculation chart to petitioner within six weeks from the date of receipt of the production of a copy of this
order.
9. On such calculation, if any further amount is found payable, the District Provident Fund Officer, Palamau shall pay the amount in favour of
petitioner within a month thereof.
10. The writ petition stands disposed of with the aforesaid observations and directions.
