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2025 DAILYLAW 31275 (JHR)

JITENDRA PRASAD MISHRA v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY,

WPC/1325/2025 · 2025-03-19

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1325 of 2025 ----- 1. Jitendra Prasad Mishra, S/o Late Shiw Charan Mishra, R/o village- Adarhatu, Govindpur, P.O. & P.S.-Govindpur, District-West Singhbhum. 2. Mohitosh Mandal, S/o Late Balram Mandal, R/o village- Champaidih, P.O. & P.S.-Juri, District-East Singhbhum. 3. Gouranga Mandal, S/o Late Bhujang Mandal, R/o village- Sarmanda, P.O. & P.S.-Juri, District-East Singhbhum . Petitioners. Versus 1. The State of Jharkhand through the Chief Secretary having office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi. 2. The Principal Secretary, Department of Human Resources, Government of Jharkhand having office at HRD Bhawan, Dhurwa, Ranchi. 3. The Director (Primary Education), Government of Jharkhand having office at HRD Bhawan, Dhurwa, Ranchi. 4. The Regional Deputy Director of Education, Kolhan Division, Chaibasa, West Singhbhum. 5. The Deputy Commissioner, East Singhbhum at Jamshedpur-cum- Chairman of the District Education Establishment Committee, East Singhbhum, Jamshedpur, P.O.-Sakchi Court, P.S.-Bistupur, District-East Singhbhum. 6. The Deputy Development Commissioner, East Singhbhum, Jamshedpur, P.O.-Sakchi Court, P.S.-Bistupur, District-East Singhbhum. 7. The District Superintendent of Education, East Singhbhum, P.O.- Sakchi Court, P.S.-Bistupur, District-East Sighbhum. 8. The Block Education Extension Officer-cum-Drawing and Disbursing Officer, Musabani, P.O. & P.S.-Musabani, District-East Singhbhum. … Respondents. CORAM : SRI ANANDA SEN, J. ------ For the Petitioners : Mr. Rajendra Krishna, Advocate : Mr. Utkarsh Krishna, Advocate For the Respondents : Mr. Ashwini Bhushan, A.C. to Sr. S.C.-II …...... 02 /19.03.2025: In the writ petition the petitioners have prayed for following relief: - “For issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in nature of mandamus commanding upon the respondents and directing them to consider the case of the petitioners and to fix the revised pay-scale of Rs.1900/- per month with effect from 01.04.1989 to 01.06.1990 when the petitioners has completed their 12 years of service as per the Resolution No. 6022 (F) 2 dated 18.12.1989 issued by the Finance Department, Govt. of Bihar, Patna and as such per the recommendation of Vth Pay Revision Commission to fix the petitioner’s Basic Pay @ Rs.6950/- per month with effect from 01.01.1996 and the respondent authority wrongly fixed the petitioner’s basic pay Rs.1400/- instead of Rs.1900/- per month and similarly situated person getting the basic pay scale of Rs.1900/- as per the direction of the Hon’ble Court dated 11.07.2008 passed in W.P.(S) No. 656 of 2003 and the respondent authority ignoring the legitimate claim of the petitioner without any rhyme and reason whatsoever and petitioner further prays for a direction upon the respondents to make payment arrears of salary and the consequential benefits with statutory interest thereupon.” 2. Learned counsel Mr. Rajendra Krishna, fairly submits that in the counter affidavit, they have accepted the plea of the petitioners and they have already rectified the pay scale but they have not mentioned the timeframe within which the benefit can be extended to the petitioners and other similarly situated person. 3. The counsel appearing on behalf of the State also submits that the grievance of the petitioners has been redressed and the benefit will be extended to them as early as possible for which the steps have already been taken. 4. After going through the counter affidavit, I find that in paragraph No. 8 the respondents have made the following statement: - “That, it is humbly stated and submitted that vide officer containing memo no. 117 dated 16.01.2025 the claim of the petitioner has been fully entertained and has been allowed revised basic pay of Rs. 1900/- per month when the petitioner completed his 12 years of service as per the Resolution No. 6022 (F) dated 18.12.1989 and as per the recommendation of Vth pay commission the basic pay with effect from 01.01.1996 has been fixed @ 6950/- per month.” 5. Considering the submission made therein and the submissions made by the learned counsel for the petitioners and the State, I direct the respondents to ensure that the benefit reaches the petitioners at least within a period of six months from today itself. 6. This writ application thus stands disposed of. (ANANDA SEN, J.) Arpit/