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2025 DAILYLAW 18085 (JHR)

ALOK RANJAN SINGH v. THE STATE OF JHARKHAND

WPC/3333/2025 · 2025-08-11

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:23609 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3333 of 2025 ---- 1. Alok Ranjan Singh, son of Jang Bahadur Singh, resident of Village Jaipur, P.O. & P.S. Pratappur, Dist. Chatra. 2. Lala Ram, son of Loknath Ram, resident of Kutchery Road, Near Civil Court, Ranchi, P.O. G.P.O., P.S. Kotwali, Dist. Ranchi. 3. Kamal Kumar Sharma, son of Kisan Lal Sharma, resident of 17B, Ram Tekri Road, Jugsalai, P.O. & P.S. Jugsalai, Town Jamshedpur, District East Singhbhum. 4. Dinesh Kumar Yadav, son of Bijli Prasad Yadav, resident of Adarsh Nagar, Sonari, P.O. & P.S. Sonari, Town Jamshedpur, Dist. East Singhbhu. 5. Upendra Kumar, son of Late Gyani Yadav, resident of Dwari Tola, Gidhaur, P.O.& P.S. Giadhaur, Dist. Chatra. 6. Sanjay Kumar Singh, son of Shiv Kumar Singh, resident of Cross Road No. 6, Shanti Nagar, P.O. Tatanagar, P.S. Parsudih, Town Jamshedpur, District East Singhbhum. … Petitioners -versus- 1. State of Jharkhand 2. The Chief Secretary, Govt. Of Jharkhand, having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, Dist. Ranchi. 3. The Secretary, Department of Home, Jail and Disaster Management Department, Govt. Of Jhrkhand, having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, Dist. Ranchi. 4. The Joint Secretary, Department of Home, Jail and Disaster Management Department, Govt. Of Jhrkhand, having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, Dist. Ranchi. 5. The Director-cum-Commandant, Jharkhand Home Guard, having its office at Rajendra Chowk, P.O. & P.S. Doranda, Dist Ranchi. 6. The District Commandant Officer, Jharkhand Home Guard, having its office at Rajendra Chowk, P.O. & P.S. Doranda, Dist Ranchi. … Respondents ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner: Mr. Dilip Kumar Chakraverty, Advocate For the Respondents : Mr. Munna Lal Yadav, SL(L&C)-III ---- 02/ 11.08.2025 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. Petitioner, in this writ petition, has prayed for the following reliefs:- i. For issuance of an appropriate writ(s)/order(s)/direction(s) from this Hon’ble Court quashing the Resolution dated 10.08.2024 (Annexure-3) issued by respondent no.4 whereby and whereunder the respondent no. 4 has given approval of enhance wages @ Rs. 1088/- per day as compliance of order dated 25.08.2017 passed in W.P.(S). 2025:JHHC:23609 -: 2 :- No. 582 of 2017 since 10.08.2024 whereas the Hon’ble Court passed order in the aforesaid writ petition on 25.08.2017 therefore petitioners and other home guards are entitle for arrear of ehance wages from August 2017. ii. For issuance of an appropriate writ(s)/order(s)/direction(s) from this Hon’ble Court that the Hon’ble Court may direct the concerned respondent to pay the arrears of their enhance wages since August, 2017. 3. The case of the petitioner is that this Hon’ble Court in writ petition being W.P.(S) No.582 of 2017 had passed an order directing the concerned respondent to give the consequential benefit to the petitioners and other home guards within a period of two months. However, the aforesaid order dated 25.08.2017 was not complied with within the stipulated period and one of the petitioners filed a contempt application being Cont. Case (C) No. 98 of 2018. Thereafter, losing their case up to the Hon’ble Supreme Court of India, the respondents came with a resolution dated 10.08.2024 to enhance the wages of the home guards to Rs. 1088.00 per day and decided to pay the enhanced wage from 10.08.2024, which is after a lapse of seven years of the order passed in W.P.(S) No. 582 of 2017. 4. From the perusal of the records, I find that the petitioners had preferred writ petition being W.P.(S) No. 582 of 2017 for availing the consequential benefits at par with the regular police personnel, as per the direction given by the Hon’ble Supreme Court in Cont. Petition (C) No. 699- 700 of 2015 arising out of Civil Appeal No. 2782-2783 of 2015 by an order dated 04.05.2016. The said writ petition, i.e. W.P.(S) No.582 of 2017 was allowed on 25.08.2017 with a direction upon the concerned respondent to give the consequential benefits to the petitioners within a period of two months. The said order passed in W.P.(S) No.582 of 2017 was tested by the respondents up to the Hon’ble Supreme Court in S.L.P.(C) No. 25654 of 2023 wherein the Hon’ble Supreme Court has dismissed the same. The review application being Review Petition (C) Diary No. 15239 of 2024 was also dismissed and a direction for compliance of the order was given to the respondents. In the meantime, petitioners had preferred a contempt petition being Cont. Case (Civil) No.98 of 2018. During the pendency of the contempt petition before this Court, the respondents passed a resolution dated 10.08.2024 to enhance the wages of Home Guards as Rs.1088/- per day and the respondent No.5 by an order dated 13.08.2024 directed to pay the 2025:JHHC:23609 -: 3 :- enhance wages from 10.08.2024 as Rs.1088/- per day. On 18.10.2024, considering the submission of the respondents, the Court had observed that once it was held by this Court while allowing the writ petition, being W.P.(S) No. 582 of 2017 vide order dated 25.8.2017 that the petitioners are entitled for the minimum pay and allowances, it is supposed that the petitioners are entitled for the minimum pay and allowances or at least from the date of passing of the order. On 07.01.2025, while the said Cont. Case (Civil) No.98 of 2018 was again taken up, it was submitted by the State that the State has preferred letters patent appeals being L.P.A. No.97 of 2025 and L.P.A. No.103 of 2025 against the said order dated 18.10.2024. In view of such submission, this Court while disposing of the Cont. Case (Civil) No.98 of 2018, had observed that payment of arrears of salary shall be made subject to outcome of the letters patent appeals preferred by the State and directed to pay the current salary to the petitioner and other Home Guards of the State regularly in the enhanced pay scale, as per order dated 25.08.2017 passed in W.P.(S) No.582 of 2017 and order dated 14.01.2020 passed in W.P.(S) No.2144 of 2017. 5. In the light of the observations made by this Court while disposing of the Cont. Case (Civil) No.98 of 2018 to the effect that payment of arrears of salary shall be made subject to outcome of the letters patent appeals, the prayer made by the writ petitioners in this Writ Petition is misconceived and no fresh writ petition could have been filed for the reliefs as sought for in view of the observations made by the Court in Cont. Case (Civil) No.98 of 2018 and also in view of the order passed in W.P.(S) No. 582 of 2017. This Writ Petition is, accordingly, dismissed. Pending interlocutory applications, if any, stand disposed of. (Ananda Sen, J.) Kumar/Cp-02