Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 19916 (JHR)

DILIP KUMAR DAS v. TEH STATE OF JHARKHAND

WPC/3550/2025 · 2025-07-28

Deepak Roshan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:23286 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3550 of 2025 ------- Dilip Kumar Das, aged about 68 years, son of Late Mahabir Das, R/o Village Lashkari, Udakishunganj, P.O Udaikishunganj, P.O Udakishunganj, District Madhepura, State-Bihar ...… Petitioner Versus 1. The State of Jharkhand. 2. The Secretary, Social Welfare, Woman and Child Development Department, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District - Ranchi, Jharkhand. 3. The Principal Secretary, Finance Department, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, Jharkhand …. Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Mr. D. K. Dubey, Adv. For the Res. State : Mr. Anil Kumar Singh, AC to G.P.-I ------- 02/Dated:28.07.2025 1. The instant application has been preferred by the petitioner for following reliefs:- (i) For issuance of an appropriate writ(s) /order(s)/direction(s), in the nature of mandamus, directing the respondents to consider the case of the petitioner for grant of benefit of first and second Assured Career Progression after completion of more than twenty- seven years of regular service in view of the notification issued vide Memo No. 1509 dated 16.06.2016 as well as Memo No. 2354 dated 24.09.2024, as contained in Annexure-2 and Annexure-5, with all consequential benefits; (ii) For issuance of an appropriate writ (s) /order(s) /direction(s), directing the respondents to revise the pay scale as well as the Grade Pay in terms of the resolution issued vide Memo No. 459 dated 09.02.2023, as contained Annexure-7; 2025:JHHC:23286 2 (iii) For issuance of an appropriate writ(s) /order(s) /direction(s), directing the respondents to revise the pensionary benefits after grant of first and second Assured Career Progression since the petitioner has retired from the service with effect from 28.02.2018 and pay the arrears of the same with interest for which the petitioner is very much entitled under the law; 2. At the outset, learned counsel for the petitioner submits that the petitioner is fully entitled for the claim as made in the instant writ application. He further submits that the grievance of this petitioner is identical to that of Jwakim Kerketta (Petitioner in W.P.S No.3171/23) who has already been granted similar relief, as is evident from Annexure-5. Further, from Annexure-2, it transpires that all other similarly situated persons have been granted the same relief as claimed by the petitioner. Accordingly, the instant writ petition may be disposed of by directing the concerned respondent i.e. respondent no.2 to look into the matter and pass an appropriate order with regard to the claim of this petitioner as his case is same and similar with other similarly situated person, which is evident from Annexure- 2 & 5. 3. Learned counsel for the Respondent-State submits that since no counter affidavit has been filed till date, as such the instant writ application may be disposed of by directing the petitioner to file a fresh representation before the concerned respondent, who will decide the matter in accordance with law. 4. Having regard to the aforesaid facts and circumstances of the case, the instant writ application is hereby disposed of by directing the 2nd Respondent to treat 2025:JHHC:23286 3 this writ application as representation and take a decision in the matter with regard to the claim made by the petitioner in accordance with law and applicable Rules and Regulations by passing a reasoned & speaking order within a period of 12 weeks from the date of receipt/production of a copy of this order. While doing so, the Respondent shall also consider the petitioner's submission regarding similarly situated candidates. The petitioner is also directed to serve a copy of this writ application to the concerned Respondent at the earliest. It goes without saying that if the claim of the petitioner is found to be genuine then consequential benefits must be extended to the petitioner within a further period of Six weeks. 5. With the aforesaid observation and direction, the instant writ application stands disposed of. Pending I.A.s if any, also closed. (Deepak Roshan, J.) Fahim/-