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High Court of Jharkhand · body

2025 DAILYLAW 10677 (JHR)

PRATIMA DEVI v. THE STATE OF JHARKHAND

WPC/2113/2024 · 2025-01-21

Sri Ananda Sen

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2113 of 2024 ----- Pratima Devi, wife of late Shiv Shankar Prasad, R/o Tootwari Lane, PO- Gaya and PS Gaya, Distt. Gaya, Bihar … Petitioner(s). Versus 1. The State of Jharkhand. 2. The Secretary, Primary, Secondary and Mass Education, Human Resource Development Department, Govt. of Jharkhand, PO and PS Dhurwa, Ranchi. 3. The Secretary, Finance Department, Govt. of Jharkhand, PO and PS- Dhurwa, Ranchi 4. The Director, Secondary Education Department, Govt. of Jharkhand, PO and PS Dhurwa, Ranchi. 5. The Deputy Commissioner, Latehar, officiating at Latehar District Administrative Building, PO and PS Latehar, Latehar. 6. The District Superintendent of Education, Latehar, PO and PS Latehar, Distt. Latehar. … Respondent(s). CORAM :SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Mritunjay Chaudhary, Advocate For the Respondents : Mr. Rahul Dev, AC to SC (L & C)-III ...... 05 /21.01.2025: In the present writ petition, the petitioner has prayed for following relief(s): “(i) For issuance of appropriate writ(s)/order(s), direction(s)particularly writ in the nature of mandamus commanding upon the respondents particularly respondent no.5 or such other appropriate authorities to pay due salary on the basis of revised pay scale applicable to the petitioner even in respect of the salary which has accrued to the petitioner prior to the date of reorganization of the State of Jharkhand as has been done in of similarly situated persons in pursuance of order dated 5.12.2008 passed in WP(S) No. 426 of 2004 (smt. Prem Lata Sinha & Ors. Vs. State of Jharkhand and others (ANNEXURE-3), order dated 29.06.22 passed in WP(S) No. 3208 of 2020 (Vijay Pathak Vs. State of Jharkhand and others and order dated 07.02.24 passed in WP(S) No. 1080 of 2023 (Naresh Prasad Karan Vs. State of Jharkhand and others (Annexure-9) (ii) A humble prayer is being made before this Hon’ble Court to direct the respondents to make payment of the arrears of dues of salary including Dearness Allowance for the period March 1989 till date and other allowances to the petitioners accordance with the Departmental Notification No. 12 /M3-30/2008/1604 dated 01.09.2014 and (iii) Further, a humble prayer is being made before this Hon’ble Court for a direction upon the respondents to implement the resolution dated 27.10.2020 wherein a decision has been taken for making the payment of arrears of Dearness Allowance since 1996 till date. The learned counsel for the petitioner submits that similarly situated persons have been granted monetary benefits but the petitioner has been left -2- out which forced the petitioner to approach this Court. He submits that once the similarly situated persons have got the relief the respondents should have extend the same to the petitioner but the same has not been done in this case. The learned counsel for the respondents submits that if the petitioner approaches the respondent no.4, the Director, Secondary Education Department, Govt. of Jharkhand, the case of the petitioner will be considered and if it is found that the petitioner is entitled to get any benefit the same would be extended to the petitioner. Considering the submissions made above, the petitioner is directed to file his representation along with copy of this order before the respondent no.4, the Director, Secondary Education Department, Govt. of Jharkhand within four weeks from today and if it found that the petitioner is entitled to get any benefit the same shall be extended to the petitioner within a period of twelve weeks from the date of filing of the representation and if it is found that the petitioner is not entitled for any relief, a reasoned order be communicated to the petitioner within the aforesaid period. Accordingly, the present writ petition stands disposed of. (ANANDA SEN, J.) KNR