2025:JHHC:24648 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6770 of 2019 --------- Kaiyoom Ansari, aged about 59 years, S/o Aiayuddin Ansari, Resident of village- Barwadih, Pundrufurd, PO & PS- Pundrufurd, District- Ramgarh. ......Petitioner Versus 1. The Central Coalfields Ltd. through its General Manager, Darbhanga House, Kanke Road, PO- G.P.O. PS- Kotwali, District- Ranchi. 2. General Manager (P&IR), Central Coalfields Ltd., Darbhanga House, Kanke Road, PO- G.P.O. PS- Kotwali, District- Ranchi. 3. Director (Personnel) Central Coalfields Ltd., Darbhanga House, Kanke Road, PO- G.P.O. PS- Kotwali, District- Ranchi. 4. Senior Manager (P-N-E-V) Personnel and Establishment, Darbhanga House, Kanke Road, PO- G.P.O. PS- Kotwali, District- Ranchi. 5. Dy. Chief Medical Officer, Central, Naisarai, Ramgarh, PO,PS & District-Ramgarh. 6. Direct Demanding Officer, Central Medical Store, Naisarai, Ramgarh, PO, PS & District-Ramgarh. 7. Senior Finance Officer, Central Coalfields Ltd., Darbhanga House, Kanke Road, PO- G.P.O. PS- Kotwali, District- Ranchi. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Saurabh Shekhar, Advocate For the Respondents : Mr. D.K. Chakraverty, Advocate --------- 07/Dated:-21.08.2025 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. For issuance of an appropriate writ, order, direction, particularly writ in the nature of mandamus commanding upon the Respondents authority to release the benefit of salary corresponding to the post of Accounts Clerk, in favour of the petitioner, with effect from the date he has been serving as such, with the Respondent authorities, i.e. with effect from 02.06.2000 and onwards. ii. For issuance of an appropriate writ, order, direction, particularly writ in the nature of mandamus commanding upon the Respondents to grant the benefits (financial included) relative to Accounts Clerk, in the least after regular promotion to the post, with effect from the date of regular promotion i.e. with effect from 02.06.2000 (on probation) and 25.06.2016 (Promotion confirmed). 2025:JHHC:24648 2 3. The brief facts of the case as per the pleadings are that the petitioner started rendering his services without any complaint from any corner and to the satisfaction of his employer. The Finance Officer of the Respondents C.C.L demanded for two additional non executives/executives in the Accounts Section at Central Hospital, Naisarai from the Area Finance Manager, Barkakana vide Annexure-1. The said non executives work provided to the Central Hospital, Naisarai, and this would become evident from letter dated 17.10.1996 (Annexure-2), whereby the Dy. Chief Medical Officer, Central Hospital, Naisarai has written to the General Manager, Finance, CCL, Ranchi that the petitioner, who is Masters in Commerce, has applied for posting in Central Hospital, Naisarai, therefore, his posting may kindly be considered which has been approved in the Accounts Section as additional hand. The petitioner was accepted in the Accounts Section by the Dy. Chief Medical Officer, CCL, Naisarai. The petitioner thereafter performed his services in the Accounts Section without any complaint, and it would appear from one office order dated 02.06.2000 (Annexure-3), whereby it would become clear that he was directed to report to Direct Demanding Officer (Central Medical Store) Central Hospital, Naisarai for further assignment. 4. Thereafter, the petitioner gave his joining on 05.06.2000, which was acknowledged by Office Order dated 07.06.2000 (Annexure-4), the office order issued by Direct Demanding Officer, Central Medical Store, Naisarai. The petitioner 2025:JHHC:24648 3 was performing his duty to the satisfaction of respondents, and his responsibilities at Central Medical Store, Naisarai is evident from one Office Order dated 03.04.2001 (Annexure-5) issued under the signature of Direct Demanding Officer, Central Medical Store, Naisarai. Thereafter, the petitioner was given the responsibility of inspection and receiving of material, preparation of D.R.R. and raising bills, a reply of Accountant query corresponding with confirmation etc. The petitioner, since he had completed 240 days of regular services started preferring representations and communications with the Respondents for his regularization on the post of Accounts Clerk as he was regularly discharging his function, and as per the provisions of Clause 3.3 and 3.4 of National Coal Wages Agreement, he was entitled for regularization on completion of 240 days. 5. Thereafter, the petitioner’s case was taken up by the Regional Office and several communications were made with the headquarters but however, no decision was taken in his case and finally the petitioner’s case was taken up and he was granted promotion and posting as junior DEO (T) Grade of N.C.W.A-IX pay Scale in EDP cadre, in pursuance of the Office Order dated 25.03.2015 (Annexure-8). The petitioner, thereafter, was granted the posting as Accounts Clerk Grade-D of NCWA-IX pay scale with effect from 25.06.2016 vide Annexure-9, i.e. when the Office Order was published. 6. Learned counsel for the petitioner has two-fold prayers: 2025:JHHC:24648 4 (I) Though the petitioner was working on the post of Accounts Clerk in the office of Direct Demanding Officer (Central Medical Store) Central Hospital, Naisarai vide order dated 02.06.2000, but he was not getting the salary of Accounts Clerk till 2016 when he actually competed the examination conducted by the respondents. (II) From 2016 till date, he has not been given appropriate salary taking the seniority etc. 7. Learned counsel for the petitioner submits that on the one hand, the office order dated 02.06.2000 was not at all a stop- gap arrangement rather, it was a permanent transfer to the said post of Accounts Clerk into the said office of the DDO where he continued to work for around 16 years. He further submits that only when he technically qualified in the examination held by the respondents for the post of accounts clerk, he has been officially recognised by the respondents as Accounts Clerk in a promoted post though he worked as a Accounts Clerk from 07.06.2000 as Accounts Clerk in the office of DDO (Central Medical Store) Central Hospital, Naisarai, but from the year 2000 to 2016 he got the salary of Category-I Mazdoor only; as such, as per the settled proposition of law, he would be entitled for full salary for the post for which he worked for 16 years when it was not a stop-gap arrangement; rather, it was a full-fledged posting as Accounts Clerk. 8. The next limb of argument for the second prayer is that the respondents would have to revisit after enhancing the salary of 2025:JHHC:24648 5 the petitioner from Category-I Mazdoor to Accounts Clerk from 02.06.2000 till 25.06.2016, when the petitioner actually qualified and competed the examination. In support of his contention, he referred to the judgment passed in the case of Arindam Chattopadhyay and Others vs. State of West Bengal and Others reported in (2013) 4 SCC 152 (refer para 13). 9. Learned counsel lastly submits that from 2016 he should be entitled for the entire salary and perks of substantive post of Accounts Clerk which he is not getting. Finally, the petitioner superannuated in the month of April, 2020. 10. Learned counsel for the respondents opposes the prayer of the petitioner and submits that as per guideline of JBCCI, an employee who has completed more than 8 years of services in the existing grade and not promoted are entitled for SLU now SLP. Accordingly, Shri Kaiyoom Ansari has been awarded with SLU/SLP in the year 01.01.2003 and 01.01.2012 and accordingly, his pay has been raised to higher grade vide office order No. CCL / CHN / Upgrade / 03 / 4005-14 dated 28.01.2003 and Letter No. CCL / CHN / SLP / 2012 / 4041-47 dated 24.11.2012 respectively. He further submits that there is no any cadre scheme for promotion of a Cat-I directly to higher grade except to apply against the vacancy of different post for which applications are being invited by HQ time to time as per vacancy of Man-Power budget, then, on the basis of written test as well as interview, the 2025:JHHC:24648 6 qualified candidates are being selected to the post for which application is invited. He further submits that the petitioner has represented for regularization to the post in which he was working but it was not considered as in the cadre scheme circulated by JBCCI, there is no provision of direct regularization to the post of clerk Gr-III, Accounts Clerk and store issue clerk, hence request of the petitioner for promotion/ regularization to the said posts has not been considered as these are selection posts. Moreover, it is pertinent that the petitioner had appeared in the written test held for the above posts in the several occasions but never qualified. He also appeared several times in the written test of DEO but could not qualify in the typist test. 11. Learned counsel further contended that in the written test of Jr. DEO, he qualified and was selected to the post of Jr. DEO, Gr. "E" w.e.f. 30.03.2015 vide letter No. NEE/SE-A/cs/RNC Jr.DEO(T)/15/1917 dated 25.03.2015 and the initial basic of Jr. DEO(T), Gr. "E" under NCWA-IX, was Rs.16877.86 and his basic has already crossed the initial basic of Gr. "E" hence his basic was fixed to his existing basic. He lastly submits that the petitioner was selected to the post of Accounts Clerk-II(T), Gr. "D'' vide letter No. NEE/SE- A/Cs/RNC/Selection/Accounts Clerk (T)/16/385 dated 25.06.2016 w.e.f. 29.06.2016. The initial basic of Gr. 'D' as per NCWA-IX was Rs.17605.41 and he had already crossed the initial basic of Gr. 'D' therefore, his pay was fixed to his existing basic. 2025:JHHC:24648 7 12. Having regard to the aforesaid facts and circumstances of the case, the facts are admitted that the petitioner joined as Category-I Mazdoor in the year 1994. Thereafter, pursuant to the office order dated 02.06.2000 he has been transferred as Accounts Clerk in the office of DDO (Central Medical Store) Central Hospital, Naisarai which he joined on 07.06.2000. By going through the aforesaid office order, it does not transpire that the petitioner was transferred on Stop Gap arrangement. There is a specific averment made in the writ application that the petitioner worked from the month of June, 2000 till 2015 till he actually qualified the examination for the post of Accounts Clerk. 13. Further admitted fact is that he continuously worked as Accounts Clerk which has not been controverted in the counter affidavit; as such, this Court holds that the petitioner would be entitled for the salary from the date he joined the office of DDO (Central Medical Store) Central Hospital, Naisarai, as Accounts Clerk till 2015 when he actually got regular promotion; and not the salary of Category-I Mazdoor. In this regard reference may be made Arindam Chattopadhyay (supra). For brevity para 13 is quoted hereinbelow: “13.Reverting to the facts of this case, we find that although the appellants were recruited as ACDPOs, the State Government transferred and posted them to work as CDPOs in ICDS Projects. If this would have been a stopgap arrangement for few months or the appellants had been given additional charge of the posts of CDPO for a fixed period, they could not have legitimately claimed salary in the scale of the higher post i.e. CDPO. However, the fact of the matter is that as on the date of filing of the original application before the Tribunal, the appellants had continuously worked as CDPOs for almost 4 years and as on the date of filing of the writ petition, they had worked on the higher post for about 6 years. By now, they have 2025:JHHC:24648 8 worked as CDPOs for almost 14 years and discharged the duties of the higher post. It is neither the pleaded case of the respondents nor has any material been produced before this Court to show that the appellants have not been discharging the duties of the post of CDPO or the degree of their responsibility is different from other CDPOs. Rather, they have tacitly admitted that the appellants are working as full-fledged CDPOs since July 1999. Therefore, there is no legal or other justification for denying them salary and allowances of the post of CDPO on the pretext that they have not been promoted in accordance with the Rules. The convening of the Promotion Committee or taking other steps for filling up the post of CDPO by promotion is not in the control of the appellants. Therefore, they cannot be penalised for the Government's failure to undertake the exercise of making regular promotions.” 14. After going through the aforesaid judgment it is clear that the Hon’ble Apex Court has held that had this would have been a stop-gap arrangement for few months or the appellant had given additional charge of the post of CDPO for a fixed period, the matter could have been different; but when an employee continuously worked for many years (in that 6 years); in the instant case about 15 years, the petitioner would be entitled for full salary as Accounts Clerk from the date he joined the office on 07.06.2000 till the date of his actual promotion. 15. 15. Now, coming to the second prayer of the petitioner with regard to enhanced salary in the Grade of Accounts Clerk when he actually qualified after the examination held by the respondents; it has been contended by the respondents that since the petitioner already crossed the initial stage of salary of an Accounts Clerk, the same could not be given. This averment in the affidavit filed by the respondents and the argument advanced by learned counsel for the respondents does not appeal to this Court in view of the fact that when this Court has already held that the petitioner would be entitled for the salary of accounts clerk from the date he joined the 2025:JHHC:24648 9 office in June, 2000 till he actually got promoted officially pursuant to examination, then revision of his salary is must; therefore, on the second issue a re-calculation is required by the respondent authorities. Accordingly, this Court holds as under: (I) The petitioner would be entitled for the arrears of salary of Accounts Clerk from the date he joined as Accounts Clerk in the office of DDO (Central Medical Store) Central Hospital, Naisarai. (II) The petitioner would be entitled for full salary along with all perks etc. from the date he actually assumes the charge by way of promotion from 2015. The second part of the salary will be calculated after looking to the revised salary of the petitioner which will be effected from 2000 to 2015. 16. As a result, the instant writ application stands allowed. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) vikas/-