2025:JHHC:25418 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6561 of 2018 --------- Yugeshwar Ram, aged about 50 years, S/o Late Ram Prit Ram, resident of Village-Chechariya, P.O.-Shivpur, P.S.-Kandi, District- Garhwa. ......Petitioner Versus 1. The State of Jharkhand through the Secretary / Principal Secretary, Welfare Department, having office at Project Building, Dhurwa, P.O. & P.S.-Dhurwa, Town and District-Ranchi. 2. The Special Secretary to the Government, Welfare Department, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S.-Dhurwa, Town and District-Ranchi. 3. The Deputy Secretary to the Government, Welfare Department, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S.-Dhurwa, Town and District-Ranchi. 4. The Under Secretary, Welfare Department, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S.-Dhurwa, Town and District-Ranchi. 5. The District Welfare Officer, Garhwa, P.O., P.S. and District- Garhwa. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : M/s. Manoj Tandon, Shivani Bhardwaj, Neha Bhardwaj, Karamjit Singh Chhabra, Akansksha Priya, Advocates For the Respondents : A.C. to AAG-I A Mr. Binit Chandra, A.C. to G.A. (Bihar) --------- 12/Dated:-26.08.2025 1. Heard learned counsels for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: (i) To quash and set aside the order contained in Memo No. 06/Shi. Stha. (ACP)-02/2016-3846 dated 26.10.2018 (Annexure-9) as far as it relates to the petitioner (Serial No. 59), whereby, the petitioner has been granted second M.A.C.P. in the Pay Band of Rs. 9300- 34800 (Grade Pay of Rs. 4600/-) and the first A.C.P. granted to the petitioner in the scale of Rs. 5000-8000/- (which was equivalent to Grade Pay of Rs. 4600/-) revised with a direction to adjust the amount. (ii) To direct the respondents to grant second M.A.C.P. to the petitioner in the Grade Pay of Rs. 4800/- in the Pay Band of Rs. 7500- 12000/-. (iii) To hold and declare that since the petitioner has been getting the Grade Pay of Rs. 4600/-(Pay Band of Rs. 9300-34800/-) from 1.1.2006 on grant of first A.C.P., the petitioner is entitled for the 2025:JHHC:25418 2 Grade Pay of Rs. 4800/- (Pay Band of Rs. 7500-12000/-) on grant of second M.A.C.P. (iv) To direct the respondents to revise the pay scale of Rs. 5000- 8000/- to Rs. 5500-9000/- on grant of first A.C.P. to the petitioner and grant all consequential benefits thereof as per the order contained in Memo No. 1214 dated 10.4.2015 (Annexure-6), issued by the Director, Scheduled Caste and Scheduled Tribe Welfare Department, Government of Bihar. (v) During the pendency of this writ petition, operation, implementation and execution of the impugned order dated 26.10.2018 (Annexure-9) may kindly be stayed. 3. The brief facts of the case are that the petitioner was appointed on the post of Assistant Teacher in Matric Trained Scale of Rs. 1200-1800/- by the order of appointment issued by the Deputy Director, Welfare, South Chotanagpur Division, Ranchi, contained in Memo No. 971 dated 10.10.1990 (Annexure-1). The Government of Bihar, Scheduled Caste and Scheduled Tribe Welfare Department, issued an order as contained in Memo No. 5547 dated 01.12.2009 (Annexure-2), in which the name of this petitioner appears at Serial No. 15, whereby this petitioner was granted first A.C.P. (Assured Career Progression) in the pay scale of Rs. 5000-8000/- on completion of 12 years of his service with effect from 11.10.2002. In the meantime, the State of Jharkhand, Department of Finance also issued resolution dated 04.02.2010 being Resolution No. 298/F (Annexure-3), whereby the Primary School Teachers in the State of Jharkhand as per recommendation of 6th Pay Revision Commission, were granted the Grade Pay of Rs. 4600/- with effect from 01.01.2006 to the teachers in the senior pay scale. Thereafter, the petitioner was allocated to the State of Jharkhand by the order issued by Deputy Secretary, Home 2025:JHHC:25418 3 (Special) Department, Government of Bihar dated 30.06.2011. Pursuant thereto, the petitioner was relieved by order contained in Memo No. 2457 dated 24.11.2011 (Annexure-4). 4. Thereafter, the petitioner was posted at Scheduled Caste Residential Middle School, Ramkanda in the District of Garhwa, by order dated 29.06.2012 (Annexure-5) issued by the Under Secretary, Welfare Department, Government of Jharkhand. By order dated 10.04.2015 vide Memo No. 1214 (Annexure-6), the Government of Bihar, Department of Scheduled Caste and Scheduled Tribe Welfare, revised the pay scale of Rs. 5000-8000/- to Rs. 5500-9000/- on grant of first A.C.P. to this petitioner. In this order, the name of this petitioner appears at Serial No. 44. The District Welfare Officer, Garhwa, by letter No. 554 dated 07.05.2015 (Annexure-7) requested the Deputy Secretary to the Government, Welfare Department to extend the benefit of the Pay Scale of Rs. 5500-9000/- to this petitioner as per the decision taken by the Government of Bihar. The petitioner filed a representation dated 24.02.2016 (Annexure-8) requesting for grant of the pay scale of Rs. 5500- 9000/- with effect from 11.10.2002 on grant of first A.C.P. to the petitioner in terms of the decision taken by the State of Bihar. 5. Thereafter, the impugned order has been issued by Welfare Department, Government of Jharkhand, contained in Memo No. 06/Shi.Stha. (ACP)-02/2016-3846 dated 26.10.2018 (Annexure-9), whereby and whereunder the benefit, which was given to the petitioner by the State of Bihar has been taken away 2025:JHHC:25418 4 and the second M.A.C.P. has been granted in the Grade Pay of Rs. 4600/-, which has already been paid to this petitioner on grant of first A.C.P. itself. The petitioner, thereafter made a representation on 12.11.2018 (Annexure-10) to the concerned respondent to correct the said decision dated 26.10.2018, but however, with no effect. 6. The main contention of learned counsel for the petitioner is that when the petitioner was working in the State of Bihar, he was getting the Grade Pay of Rs. 4,600/- and after bifurcation and allocation of his service with the State of Jharkhand, the petitioner continued to get Rs. 4,600/- Grade Pay as 1st A.C.P. However, subsequently, at the time of 2nd M.A.C.P, his Grade Pay was not increased rather; it was fixed on Rs. 4,600/- itself on the ground that the respondents came to conclusion that the Grade Pay of Rs. 4,600/- has been wrongly fixed by the State of Bihar and as a matter of fact the petitioner should have been paid only Rs.4,200/- Grade Pay at that time and in the 2nd M.A.C.P he should have been granted Rs. 4,600/-. 7. Learned counsel contended that the said contention of the respondent-State is not in consonance with Section 73 of the Bihar Re-Organisation Act and further submits that in proviso to Section 73 of the Act, it clearly says that the condition of service applicable immediately before the appointed day, in the instant case 15th November, 2000, in the case of any person deemed to have been allocated to the State of Bihar or to State of Jharkhand under Section 72 shall not be varied to his disadvantage except 2025:JHHC:25418 5 with the previous approval of the Central Government. Relying upon Section 73 of the Act, learned counsel submits that the action of the respondent-State is not tenable in the eyes of law; as such, the instant writ application may be allowed and the impugned order be quashed so far as it relates to the petitioner and all consequential benefits including the 2nd M.A.C.P at the Grade Pay of Rs.4,800/- on completion of 20 years. 8. Learned counsel for the respondent-State relies upon para 13 of the counter affidavit dated 01.05.2019 and submits that the petitioner was allowed 1st A.C.P. in the pay scale of Rs.5000-8000/- on 11.10.2002 on completion of 12 years of his service during prevailing 5th pay revision report and with effect from 01.01.2006, the 6th pay revision report was implemented and the scale of Rs.5000-8000/- was fixed in the pay band of Rs.9300- 34800/- with grade pay of Rs.4,200/-. Ld. Counsel contended that this was incorrectly fixed. Though, the District Accounts Officer allowed the petitioner the Grade Pay of Rs.4,600/- instead of Grade Pay of Rs.4,200/- in his service record. He further submits that while considering the case of the petitioner for grant of 2nd M.A.C.P. by “Screening Committee” of the Welfare Department, in which an office of the Finance Department is also a Member, detected the alleged wrong fixation of Grade Pay in his service record and pointed the same in its said proceeding dated 16.05.2018 i.e., the petitioner should have been allowed Grade Pay of Rs.4,200/- instead of Rs.4,600/-. Accordingly, the petitioner has been allowed 2nd M.A.C.P. in the 2025:JHHC:25418 6 pay Band of Rs.9300-34800/- Grade Pay of Rs.4,600/- with effect from 11.10.2010 on completion of his 20 years of service and in this regard, from time-to-time guidelines have also been issued by the Finance Department and in light of the same, the Welfare Department, Government of Jharkhand has also issued directions. 9. Relying upon the aforesaid contention, the State counsel submits that there is no error in the impugned order. However, on being confronted with this Court on the question of Section 73 of the Bihar Re-Organisation Act, he is not able to satisfy as to whether the proviso to Section 73 has been complied or not, inasmuch as, whether the previous approval of the Central Government has been taken or not. 10. Having heard learned counsel for the parties and after going through the documents available on record and the averments made in the respective affidavits; the facts are admitted inasmuch as, the petitioner was granted A.C.P. benefit in the State of Bihar in the year 01.12.2009 (Annexure-2) in the Grade Pay of Rs.4,600/-. Thereafter, the petitioner’s service was allocated to the State of Jharkhand and when the time of 2nd A.C.P arose, the impugned order was issued by fixing the 2nd M.A.C.P at the Grade Pay of Rs.4,600/-. The main quarrel of the petitioner is that Section 73 of the Act has been flouted by the respondent-State, inasmuch as, by reducing the grade pay at Rs.4600/- at the time of 2nd ACP, they have changed the service condition. For brevity Section 73 of Bihar Re-organization Act 2025:JHHC:25418 7 2000 (hereinafter to be referred as the Act), is quoted hereinbelow: “73. Other provisions relating to services.—(1) Nothing in section 72 shall be deemed to affect on or after the appointed day the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union or any State: Provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the State of Bihar or to the State of Jharkhand under section 72 shall not be varied to his disadvantage except with the previous approval of the Central Government. (2) All services prior to the appointed day rendered by a person— (a) if he is deemed to have been allocated to any State under section 72, shall be deemed to have been rendered in connection with the affairs of that State; (b) if he is deemed to have been allocated to the Union in connection with the administration of the Jharkhand shall be deemed to have been rendered in connection with the affairs of the Union, for the purposes of the rules regulating his conditions of service. (3) The provisions of section 72, shall not apply in relation to members of any All-India Service.” Emphasis Supplied 11. After going through the aforesaid Section, the proviso is very clear that the condition of service applicable immediately before the appointed day in the case of any employee shall not diverse to his disadvantage by the successor State except with the previous approval of the Central Government. 12. In the instant the case admittedly; the petitioner was getting the Grade Pay of Rs.4,600/- after 1st A.C.P. and after allocation of his service in the State of Jharkhand, when the time of 2nd M.A.C.P arose after completion of 20 years of service, his Grade Pay was fixed in Rs.4,600/- which is admittedly below the Grade Pay of Rs.4,800/-, inasmuch as, the next Grade Pay of Rs.4,600/- is Rs.4,800/-. 13. It also appears from record that any amount which has been paid to the petitioner is by the State of Bihar; as such, this Court is of the considered view that when the Act itself provides 2025:JHHC:25418 8 that the condition of service shall not be changed without the previous sanction of the Central Government, then the contention of the respondent that the petitioner was wrongly given the Grade Pay of Rs.4,600/- after 1st A.C.P., does not appears to be unpretentious, inasmuch as, even admitting the contention of the respondent, there is not chit of paper that before making changes in the conditions of service, there is any approval of the Central Government. 14. As a matter of fact, the authority who passed the impugned order has not at all considered Section 73 proviso which in unequivocal term stipulates that the conditions of service cannot be changed at the time of allocation of service in either of the State. Needless to say, salary, Grade Pay at a particular Scale etc.; all are included in service condition. 15. It goes without saying that from perusal of Annexure-3, it is crystal clear that the State Government is already extending the same Grade Pay of Rs.4,600/- on grant of Senior Pay Scale in the Department of School Education and Literacy. 16. Having regard to the aforesaid discussion, the instant writ application is allowed and the impugned order contained in Memo No. 06/Shi. Stha. (ACP)-02/2016-3846 dated 26.10.2018, is quashed and set aside. The petitioner is entitled for Grade Pay of Rs.4,800/- after 2nd M.A.C.P. Accordingly, the Respondents are directed to extend all consequential benefits to the petitioner within a period of 16 weeks from the date of receipt/production of a copy of this order. 2025:JHHC:25418 9 17. As a result, the instant writ application stands allowed. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) vikas/- A . F . R .