Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:17468
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6760 of 2019 Uttam Kumar Hajari (aged about 49 years), son of Late Anandi Hajari, resident of Naya Bazar, P.O. Rajmahal, P.S. Rajmahal, District- Sahebganj (Jharkhand).
... … Petitioner(s)
Versus
1. The State of Jharkhand.
2. The Chief Secretary, State of Jharkhand at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District- Ranchi (Jharkhand).
3. The Director, Agriculture at Kanke, P.O. & P.S. Kanke, District- Ranchi (Jharkhand).
4. The Joint Director, Agriculture, Santhal Pargana Division, Dumka, P.O. & P.S. Dumka, District- Dumka (Jharkhand). … … Respondent(s)
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. K. K. Ojha, Advocate For the Respondent-State : Mr. Rakesh Kr. Roy, AC to GA-III
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Order No. 13/Dated: 1st July 2025
The instant writ application has been filed by the petitioner for the following reliefs:
“That initially the petitioner had filed the writ petition for issuance of an appropriate writ/writs, order/ orders, direction/directions, commanding and directing the respondents to dispose of the representation dated 27.03.2018 sent by the petitioner through the speed post to the respondent no. 4 with regard to his promotion on the post of Steno Grade-1 (Class-III post) without any further delay by taking into consideration of the recommendation made by the Block Development Officer, Rajmahal since inspite of fulfilling all the criteria and condition as well as eligibility by the petitioner and even his case falling under zone of consideration, the respondents are sitting tight over the matter by subjecting his case to discrimination with his counterpart working under North Chhotanagpur Range, Hazaribagh and at the same time by discarding the Notification No. 1749 dated 27.03.2010, the petitioner has been deprived from the chances of his promotion arbitrarily, irrespective of the one post of Steno Grade-I is still lying vacant from long time back and at the same time as per the Notification No. 1749 dated 27.03.2010, 15% of the vacancy for the alleged post has to be filled up from Class-IV post subject to the condition that the candidates must have acquired qualification of Intermediate or 10+2 and Hindi Typing, and even after possessing requisite qualification of Intermediate and also hailing from Schedule Caste community and his case could not be considered by the Respondent No. 4 and further for grant of such other relief/reliefs for which the petitioner is legally entitled for. 2025:JHHC:17468
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Amended Prayer: “To direct the respondents to provide monetary benefits under grade pay scale as determined vide resolution of the State Government dt. 04.04.2014 and also to provide the benefit of A.C.P under grade pay scale of Rs. 4200/- and further also to consider his case for his regular promotion on class III post by taking into consideration of the recommendation contained in Memo No. 782 dt 3.6.2019.
Further for quashing the order No. 11 dated 09.07.2020 issued under the signature of Respondent No. 4 being passed in exercise of arbitrary power as well as in contrary to the law, contravening the provisions of Article 14 and 16 of the Constitution of India and after quashing of the aforesaid order to direct the Respondent No. 4 to consider his case afresh in terms of Notification No. 1749 dated 27.05.2010.”
2. During course of hearing, a supplementary counter affidavit has been filed by the respondents, which is taken on record, indicating therein that pursuant to the recommendations of the Screening Committee, the office of the 4th Respondent vide Order No. 13 dated 29.08.2024 granted the petitioner the benefits of 1st MACP with effect from 21.05.2018 in the pay scale of Rs. 5200-20,200/- with Grade-Pay of Rs.1900/-(L-02) and the name of the petitioner is appearing at Serial No. 09. 3.
Learned counsel for the petitioner submits that the rejoinder to the said affidavit is ready to be filed. Let the Re-joinder be taken on record.
4.
As per the petitioner, the Grade-Pay which should have been paid to this petitioner is Rs. 4200/- but as per the chart it appears that the Grade-Pay has been fixed to the petitioner at Rs. 1900/- (L-02); accordingly, learned counsel submits that there is some discrepancy and the respondents may be directed to rectify the same in accordance with the Resolution dated 04.04.2014 (Annexure-12 to the writ application).
5.
Having regard to the aforesaid facts and circumstances of the case specially the statement made in paragraph no. 5 of the supplementary counter affidavit dated 25.06.2025 and the rejoinder to the said affidavit, it appears that now the only grievance survives is with regard to the amount of Grade-Pay, inasmuch as, the petitioner contention is that he is entitled for the Grade-Pay of Rs. 4200/- whereas his Grade-Pay has been fixed at Rs.1900/-.
2025:JHHC:17468
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As such the instant writ application is hereby disposed of by directing the petitioner to file a representation before the 4th Respondent along with the copy of this order and the Resolution dated 04.04.2014 which is applicable and which is also being relied upon by the respondents and point out the discrepancy made by the respondent.
The moment 4th Respondent receives the said representation he shall look into the matter and verify the record of the case and if there is any discrepancy with regard to above mentioned Grade-Pay in the Office
Order No. 13 dated 29.08.2024 read with Resolution dated 04.04.2014; then the same shall be corrected and consequential benefits shall be extended to the petitioner. The entire exercise shall be completed within a period of 16 weeks from the date of receipt of the representation.
6.
Accordingly, the instant writ application stands disposed of.
7.
Pending I.As, if any, also stand disposed of.
(Deepak Roshan, J.) Amit