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2025 DAILYLAW 23016 (JHR)

Ram Karan Ranjan v. Personnel And Adminis Reform

WPC/2587/2017 · 2025-09-15

Deepak Roshan

body2025

Judgment text

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2025:JHHC:28763 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2587 of 2017 ------- Ram Karan Ranjan son of Late Foudar Paswan, resident of Hesal Suryapuri, Devi Mandap Road, P.O.- Hehal, P.S.- Sukhdeo Nagar, District- Ranchi. ...… Petitioner Versus 1. State of Jharkhand through its Chief Secretary, Project Building, P.O. & P.S., -Dhurwa, District- Ranchi. 2. Principal Secretary, Personnel & Administrative Department, Government of Jharkhand, Project Building, P.O. & P.S.-Dhurwa, District- Ranchi. 3. Secretary, Welfare Department, Government of Jharkhand, Project Building, P.O. & P.S.-Dhurwa, District- Ranchi .….Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Mr. A. K. Sahani, Adv. For the Res. State : Mr. M. K. Roy, G.A.-I ------- 08/Dated:15.09.2025 1. The instant writ application has been preferred for the following relief:- (i) For quashing the reasoned order issued under Memo No: 134 dated 13.01.2017 (Annexure-16) whereby and whereunder the respondent No.3 declined to grant Junior Selection Grade on the post of District Welfare Officer and on the pay scale of Rs.1350-2000 Grade pay of Rs.7700/- with effect from 12.10.1995, Senior Selection Grade on the post of Deputy Director of Welfare in the pay scale of Rs.1575-2300 and Grad pay of Rs.8700/- with effect from 12.10.2008; (ii) a writ in the nature of mandamus or any other appropriate writ/order/direction commanding upon the respondents to allow the aforesaid claims of the petitioner with monetary benefits along with interest @ 10% per annum from the date of due till actual payment and within a specified period; 2025:JHHC:28763 2 2. The petitioner had earlier moved before this court vide C.W.J.C No. 2363 of 1996(R). For brevity, relevant part of the order is extracted herein below:- “The petitioner's grievance is that he was given officiating promotion since 12.10.90 as District Welfare Officer, but his promotion to that post was not confirmed and formal promotional order was not passed as the department was taking various enquiries from Lokayukt vigilance department etc. and in taking such sort of reports from various departments, long five years have passed. The petitioner finding no other alternative came up before this Court in C.W.J.C.No. 903 of 1995(R), which was disposed of vide order dated 27.4.95 as contained in annexure-6. The operative part of the order is as follows:- “Accordingly. I direct the respondent no.2, secretary, Department of welfare, Government of Binar, Patna, to take final decision in the matter as early as possible preferably within three weeks from the date of receipt and/or production of a copy of this order” The said writ application was disposed of by holding as under :- “ In that view of the matter, when the petitioner has already worked in the promotional post, may be on officiating basis and when formal order has been passed with retrospective effect, then monetary benefits cannot be denied to the petitioner, hence, this writ petition is allowed and the concerned respondent is hereby directed to pay monetary benefits to the petitioner from the date of his promotion i.e. from 12.10.90. Monetary benefits must be made available to the petitioner within four months next from the date of presentation of a copy of this order from the side of the petitioner. The writ petition is disposed of accordingly.” 3. During course of hearing, learned counsel for the petitioner confines his argument only to the extent that since he was working as officiating officer on the promoted post but was not given the salary and after a long gap, he has been promoted to the post for which he was working regularly since earlier and he has also been 2025:JHHC:28763 3 promoted with retrospective effect; as such, now his only grievance is with respect to monetary benefits to the extent that he may be paid proper salary and other emoluments, consequential benefits, from the date on which he was working as officiating officer in terms of order dated 30.01.1997 passed in CWJC NO. 2363 of 1996(R). In other words, he reiterated that his main grievance now is that the earlier order passed by the Writ Court in CWJC NO. 2363 of 1996(R) may be complied in true letter and spirit. 4. Learned counsel for the Respondents fairly submits that since the earlier order attained its finality and since there was some confusion that the Petitioner wants a promotion with retrospective effect; but in view of the amended argument with regard to financial benefit in terms of the order passed by this Court, being order dated 30.01.1997 passed in CWJC NO. 2363 of 1996(R), he is having no objection and if at all the financial benefits in terms of order passed in the earlier writ application has not been paid, then certainly the same will be paid after verification of records. 5. Having regard to the aforesaid facts and circumstances of the case and also the limited submissions of Ld. Counsel for the rival parties, the instant application, is hereby, disposed of by directing the Petitioner to approach the 3rd Respondent along with all relevant documents in order to demonstrate that he has not been given financial benefit. The 3rd respondent, after getting the representation, shall verify the records i.e., as to whether the financial benefit in terms of order dated 30.01.1997 passed in CWJC NO. 2363 of 1996(R) has been paid to the Petitioner or not; and if at all it has 2025:JHHC:28763 4 not been paid, the same shall be paid to the Petitioner within a period of 4 weeks from the date of receipt/production of a copy of this order. 6. With the said observations and directions, the instant writ application stands disposed of. Pending I.As., if any, is also closed. (Deepak Roshan, J.) September 15, 2025 Fahim/-