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2025 DAILYLAW 14192 (JHR)

DEEPAK PRASAD v. THE STATE OF JHARKHAND

WPC/2644/2025 · 2025-06-24

Deepak Roshan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:16746 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2644 of 2025 Deepak Prasad, aged about 45 years, son of Late Chandrika Prasad, resident of Mohanpur, P.O.+P.S.- Pachamba, District-Giridih. ... … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Principal Secretary, Rural Development Department, Government of Jharkhand, having its office at FFP Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 3. The Deputy Commissioner -cum- President, District Rural Development Agency, Giridih, P.O. & P.S. Giridih, District Giridih. 4. The Deputy Development Commissioner -cum-Vice President, District Rural Development Agency, Giridih, P.O. & P.S. Giridih, District Giridih. … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Anuj Kumar Trivedi, Advocate Mr. Mukesh Kumar Mehta, Advocate Mr. Rahul Ranjan, Advocate Mr. Rohit Kumar Gupta, Advocate Mr. Shubham Kumar, Advocate Mr. Vishnu Prabhakar Pathak, Advocate For the Respondent(s) : Mr. Binit Chandra, AC to AAG-III -------- 2 /Dated: 24th June 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “That in the instant application the petitioner prays for issuance of an appropriate Writ(s)/order(s)/direction(s) in the nature of mandamus commanding upon and directing the Respondents to forthwith pay the arrears of salary to the petitioner as per 7th Pay Revision Commission which is due to him since 01.01.2016 to till date, as the petitioner was duly appointed as a Clerk on the vacant post on the basis of compassionate appointment by the Respondent No. 3 vide memo no. 164 dated 27.01.2010. AND Further for issuance of an appropriate Writ(s)/order(s)/direction(s) in the nature of mandamus commanding upon and directing the Respondents to provide consequential benefits to the petitioner including various allowances and provisions of other service benefits as would have been extended to the petitioner upon 7th Pay Revision. AND Further for issuance of an appropriate Writ(s)/order(s)/direction(s) in the nature of mandamus commanding upon the respondents to implement the 2025:JHHC:16746 2 7th PRC and provide the consequential benefits to the petitioner, thereafter directing the Respondents in its entirety to release the amount of arrears along with interest which has not been paid to the petitioner. AND/OR Further for issuance of any other appropriate Writ/order/direction which may appear fit and proper in the fact and circumstance of the case.” 2. Learned counsel for the petitioner submits that in view of Annexure-2 and 3 to the writ application the petitioner is fully entitled to the claim as prayed for; however, for the reason best known to the respondents the same has yet not been paid to the petitioner. 3. Learned counsel for the respondents submits that since no counter affidavit has been filed, therefore, the petitioner may be directed to approach the respondent no. 4 for redressal of his grievance. 4. Having regard to the aforesaid facts and circumstances of the case and the submissions made by the rival parties; the instant writ application is disposed of by directing the 4th Respondent to treat this writ application as representation and take a decision in the matter with regard to claim raised by the petitioner in the writ application by passing a reasoned and speaking order. The entire exercise shall be completed within a period of 12 weeks from the date of receipt/production of copy of this order. The petitioner is also directed to serve a copy of this writ application to the 4th Respondent at the earliest for early disposal of his grievance. (Deepak Roshan, J.) Amit