RANCHI, India, Jan. 13 -- Jharkhand High Court issued the following order on Dec. 13:

1. Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs:

"(a) For issuance of an appropriate writ(s)/order(s)/ direction(s) in the nature of 'Certiorari' for quashing the order dated 05.10.2010 passed by the Principal Secretary, Department of Home, Govt. of Jharkhand, Respondent No.3 herein, vide Memo No. 4067 whereby and where under Respondent No.3 has rejected the claim of the Petitioner for granting the pay scale of Rs. 14000-18300.

And

(b) For issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of 'Certiorari' for quashing the anomaly committed by the Fitment Committee in the pay scale of Divisional Commandant, Home Guards equivalent to additional Superintendent of Police as well as equivalent to Superintendent of Police vide resolution dated 08.02.1999 of Finance Department, Govt. of Bihar, whereby and where under the Fitment Committee in course or implementing Central Pay Scale to the employee of the State of Bihar/Jharkhand recommended the revised scale of pay for substantive post of Divisional Commandant (equivalent of Additional Superintendent of Police) at Rs. 10000-15200 w.e.f. 01.01.1996 which is the replacement pay scale of Rs. 3000-4500 whereas the exitent scale of pay of this substantive post w.e.f 01.03.1989 was 3700-5000, which is clear from the Notification No. 3815/95 dated 12.08.1996 of the Home Special Department, Govt. of Bihar issued in compliance of the Hon'ble Patna High Court's order dated 15.12.1995 passed in C.W.J.C. No. 8023 of 1993, the replacement scale of which should have been 12000- 16500. It is also clear from the above Notification of the Home Special Department that the prevalent scale of Pay of the substantive post of Divisional Commandant equivalent to Superintendent of Police prior to the above resolution came into force was Rs. 4100-5300 replacement scale of which should have been Rs. 14300-18300. It was done mistakenly by considering the above mentioned substantive post merely as a post converted for the purpose of implementing provisions of selection grade scheme of things. Therefore, the Petitioner is entitled for pay scale of Rs. 14300-18300 only w.e.f. 30.03.1996 because he was promoted from this date to a substantive Post of Divisional Commandant whose existent pay scale was 4100- 5300.

(C) For issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of 'Mandamus' commanding upon the Respondents (Govt. of Jharkhand as well as Govt. of Bihar) to remove the disparities created by them in the Pay Scale of the two categories of Posts of Divisional Commandants with the corresponding equivalent posts of State Police Organization whereas the equivalence of the Posts of Home Guards Organization with that of the Police with regards to Pay & Status was Govt's own creation through various notifications and which was affirmed on oath by the Govt. of Bihar in Para 18 & 22 of the writ petition CWJC case no. 3692 of 1986 of Hon'ble Patna High Court wherein it has clearly iterated that the ranks of the various posts in the Home Guards organization were equated with those of the State Police only for the purpose of Pay Scale and status.

(D) For issuance of an appropriate writ(s)/order(s)/ direction(s) in the nature of 'Mandamus' commanding upon the Respondents (Govt. of Jharkhand as well as Govt. of Bihar) to issue similar notification for raising the pay scale of two categories of Posts of Divisional Commandants one equivalent to Addl. Superintendent of Police and another equivalent to the Superintendent of Police as it has been raised for the Corresponding equivalent Posts of State Police organization vide Bihar/ Jharkhand Govt. notification no 16353 dated 29.12.99, notification no 5331 dated 11.11.2003 and letter 2674 dated 4.08.2009.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9afPqolN73P1mbblDca6Aq9fC2zs9X9ytsBX%2Fr%2BxNoJN&caseno=WPC/653/2014&cCode=1&cino=JHHC010100092014&state_code=7&appFlag=)

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