2025:JHHC:35382 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 5897 of 2014 --------- 1. Sudhir Kumar Singh, son of Ram Balak Singh, by occupation-Service, resident of Alkapuri, Near Shiv Mandir, Ratu Road, P.O.-Ranchi, P.S.-Sukhdeonagar, District- Ranchi. 2. Krishna Kumar Jha, son of Late Awadh Kishor Jha, by occupation Service, resident of Qtr.No.B-18(T), P.O. And P.S.-Dhurwa, District- Ranchi. 3. Rebti Kant Jha, son of Umakant Jha, by occupation Service, resident of Qtr. No.A:-88(T), P.O. And P.S.-Dhurwa, District-Ranchi. 4. Hemlata Kumari, W/0 Pramod Kumar Jha, by occupation : Service, resident of Harmu Housing Colony, P.O.:-Harmu, P.S.- Sukhdeo Nagar/Argora, District: Ranchi. 5. Sanjay Kumar, son of Royan Sahu, by occupation: Service, resident of C/o Yugal Kishor Jayswal, Amrud Bagan, Ratu Road, P.O.-Hehal, P.S.-Sukhdeonagar, District- Ranchi. 6. Praveen Kumar Gupta, son of Kanhai Prasad Gupta, by occupation: Service, resident of Nawab Rai Lane, Indrapuri Road No.1, P.O.: Hehal, P.S.-Sukhdeonagar, District- Ranchi. 7. Rajesh Oraon, son of Late Lalu Oraon, by occupation: Service, resident of Village-Kumhartoli, Ratu, P.O.- Ratu, P.S.-Ratu, District- Ranchi. 8. Sanjay Kumar Jha, son of Late Jaikrishna Jha, by occupation: Service, resident of Qtr. No.A II-92, P.O.- Dhurwa, P.S.-Dhurwa, District- Ranchi. 9. Shambhu Mishra, son of Rajehswar Mishra, by occupation: Service, resident of Village: Sarowar Nagar Hesal, P.O.-Hehal, P.S.-Sukhdeonagar, District- Ranchi. 10. Manoj Kumar Rai, son of Sri Pratap Chandra Rai, by occupation: Service, resident of B-32 (T), Sharma Road, Dhurwa, P.O. And P.S.-Dhurwa, District- Ranchi. 2025:JHHC:35382 2 11. Uday Kumar, son of Late Munshi Thakur, by occupation: Service, resident of Patel Nagar, Near NIFFT, Road No.6B, P.O.-Hatia, P.S.-Hatia, District- Ranchi. 12. Bijay Bahadur Singh, son of Sri Jagdish Singh, by occupation : Service, resident of Qtr. No. 2732, P.O.- Dhurwa, P.S.-Dhurwa, District- Ranchi. ....Petitioners Versus 1. The State of Jharkhand through the Secretary of Finance, Govt. of Jharkhand, having its office at Project Bhawan, P.O.- Dhurwa, P.S.- Jagarnathpur, District- Ranchi. 2. Finance Secretary, Govt. of Jharkhand, having its office at Project Bhawan, P.O.-Dhurwa, P.S.-Dhurwa, District- Ranchi. 3. Deputy Commissioner, District Collecteriate, P.O.-Ranchi, P.S.-Kotwali, District- Ranchi. 4. Treasury Officer, District Collecteriate, P.O.-Ranchi, P.S.- Kotwali, District- Ranchi. ....Respondents With W.P. (S) No. 2022 of 2014 --------- 1. Anugrah Kumar son of Sri Krishna Mohan Thakur, working as Assistant Teacher at Government Middle School, Tigra, Lohardaga, resident of Lohardaga, P.O. and P.S. Lohardaga, District Lohardaga. 2. Suman Kumar Das son of Sri Yogendra Narayan Das, working as Assistant Teacher, Government Utkramit Middle School, Ugarmedho, Senha, P.O. and P.S. Senha, District Lohardaga, resident of behind Block Colony, Ashok Nagar, Kutmu, Lohardaga, P.O., P.S. & District Lohardaga. 3. Ashok Bhagat son of Sri Turia Bhagat, working as Assistant Teacher, Govt. Utkramit Vidyalaya, Jhaljamira, Senha, P.0. and P.S. Senha, District Lohardaga, resident of Jagannathpur Mahadeo Toli, P.O. Nigni, P.S. & District Lohardaga. 4. Ram Chandra Uraon son of Late Bandhu Uraon, working as Assistant Teacher, Government Middle School, Parhi, P.O. and P.S. Senha, District Lohardaga, resident of Kartik Nagar, D.A.V. Road, Juriya, P.O. Juriya, P.S. & District Lohardaga. 5. Urmila Kumari wife of Ram Chandra Uraon, working as Assistant Teacher, Govt. Middle School, Arkosa, P.S. & 2025:JHHC:35382 3 District Lohardaga, resident of Kartik Nagar, D.A.V. Road, Juriya, P.O. Juriya, P.S. & District Lohardaga. 6. Binod Uraon son of Sri Bhupati Uraon, working as Assistant Teacher, Government Utkramit Vidyalaya, Bhushad, Kisko, P.O. and P.S. Kisko, District Lohardaga, resident of Sobran Toli, Juriya, P.O. Juriya, P.S. and District Lohardaga. 7. Ranbir Kumar son of Sri Rabindra Ray, working as Assistant Teacher, Govt. Utkramit Middle School, Masmano, Bhandra, P.O. and P.S. Bhandra, District Lohardaga, resident of C/o Kiran Kumari (Teacher), Sanjay Ganjhi Path, Powerganj, P.O., P.S. & District Lohardaga. 8. Ashok Kumar son of Late Tanik Singh, working as Assistant Teacher, Government Middle School, Masmano, Bhandra, P.O. and P.S. Bhandra, District Lohardaga, resident of B.I.D. North of Bazar Samitee, P.O., P.S. and District Lohardaga. 9. Kumar Kundan Mishra son of Kumar Rajendra Mishra, Assistant Teacher, Govt. Utkramit working Middle School, Alzamira, Senha, P.O. and P.S. Senha, District Lohardaga, resident of C/o Moti Lal, Advcoate, Hatiya Garden, near Kali Mandir, Upper Bazar, P.O., P.S. & District Lohardaga. 10. Sunil Kumar son of Late Ambika Sharma, working as Assistant Teacher, Govt. Primary School, Datma, Kisko, P.O., P.S. & District Lohardaga, resident of C/o Mahesh Prasad, behind Block Colony, P.O., P.S. and District Lohardaga. 11. Bikesh Kumar Sinha son of Late Bisheshwari Charan Sinha, working as Assistant Teacher, Govt. Middle School, Senha, P.O. P.S. Senha, District Lohardaga, resident of Court Road, Powerganj, Lohardaga, P.O., P.S. and District Lohardaga. 12. Pradeep Kumar son of Sri Ram Chandra Sahu, working as Assistant Teacher, Govt. Middle School, Shahbuti, Senha, P.O. and P.S. Senha, District Lohardaga, resident of Halipad Ground, Harmu Road, Nadiya, P.O., P.S. and District Lohardaga. 2025:JHHC:35382 4 13. Sujeet Rajak son of Sri Shobhi Dhobi, working as Assistant Teacher, Government Middle School, Juriya, P.O. and P.S. Lohardaga, District Lohardaga, resident of Raja Bangla, Juriya Road, Lohardaga, P.O., P.S. and District Lohardaga. ....Petitioners Versus 1. The State of Jharkhand. 2. The Principal Secretary, Human Resources Department, State of Jharkhand, Project Bhawan, P.O. and P.S. Dhurwa, District Ranchi. 3. The Director of Education, State of Jharkhand, Human Resources Department, Project Bhawan, P.O. and P.S. Dhurwa, District Ranchi. 4. The Finance Secretary, Government of Jharkhand, Project Bhawan, P.O. and P.S. Dhurwa, District Ranchi. 5. The of Education, Superintendent Deputy Lohardaga, P.O. and P.S. Lohardaga, District Lohardaga. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners : Mr. Ajit Kumar, Sr. Adv Mr. Ashutosh Mishra, Adv Ms. Tejaswita Safalta, Adv For the Respondent : Mr. Sanjay Kr. Tiwari, S.C.-I Mr. Sachin Kumar, A.C. to S.C.-I [in W.P.(S) No. 2022 of 2014] Mr. Rakesh Kr. Roy, A.C. to G.A.-III [in W.P.(S) No. 5897 of 2014] --------- C.A.V. ON: 16.10.2025 PRONOUNCED ON: 27/11/2025 Since common question of law has been raised in both these writ petitions as such both these writ petitions are heard together and disposed of by this common order. 2. The Petitioners in the present writ petitions have 2025:JHHC:35382 5 approached this Court with a prayer for an appropriate direction upon the Respondents to extend the benefit of recommendation of Central 6th Pay Revision Commission to the Petitioners and for fixation of their salary in PB II 9300- 34800, G.P. 4200/- w.e.f. 01.01.2006 with all consequential benefits as adopted by the Government of Jharkhand vide Resolution no. 660/V dated 28.02.2009 which has been further clarified by the Resolution contained in memo no. 1610 dated 29.07.2011 issued by the Department of Finance, Government of Jharkhand. The petitioners have further prayed for quashing of the letter bearing no. 3251 dated 11.09.2014 issued by the Principal Secretary, Department of Finance by which the operation of Resolution contained in memo no. 2891 dated 13.08.2014 was stayed. It has further been prayer for quashing of the Resolution dated 26.03.2018 issued by the Department of Finance by which Resolution dated 13.08.2014 has been cancelled from the date of issuance. 3. Mr. Ajit Kumar, Ld. Sr. Counsel, assisted by Ms. Tejaswita Safalta representing the Petitioners had submitted that even if the Petitioners waive their prayer with respect to the challenge against the letter bearing no. 3251 dated 2025:JHHC:35382 6 11.09.2014 issued by the Principal Secretary, Department of Finance and the Resolution dated 26.03.2018 issued by the Department of Finance by which the earlier State Government Resolution dated 13.08.2014 has been cancelled; still the Petitioners are entitled to their main prayer i.e. fixation of their pay in PB II 9300-34800, G.P. 4200/- w.e.f. 01.01.2006 with all consequential benefits as adopted by the Government of Jharkhand vide Resolution no. 660/V dated 28.02.2009 which has been further clarified by the Resolution contained in memo no. 1610 dated 29.07.2011 issued by the Department of Finance, Government of Jharkhand. 4. It has been argued by the Ld. Sr. Counsel that as per the State Government Resolution dated 28.02.2009 the fixation of initial pay of the Petitioners in the revised pay structure had to be as per clause 8 (1)(A)(i), r/w Note-5 which mentions about the Fitment Committee Table in New Pay Structure i.e. Annexure-1 Series of the said Resolution, but the said exercise has not been undertaken. Mr. Kumar further highlighted that Schedule-III of the said Resolution dated 28.02.2009 prescribed the “Revised Pay Bands and Grade Pay” for various posts in the State Departments and with respect to the Primary School Trained 2025:JHHC:35382 7 Teachers entries have been made at Sl. No. 309 which clearly depicts that so far Basic Grade of the Primary School Teacher is concerned; their pre-revised scale has been shown to be Grade-III Rs. 4500-7000 for which upgradation of pre revised scale was provided as Grade-III Rs. 6500-10500 in Pay Band (PB) II with Grade Pay of 4200/-. Ld. Sr. Counsel further pointed out that in the entry at Sl. No. 300, the Entry Scale of Primary School Trained Teachers, to which group the Petitioners belong, the Entry Scale has correctly been shown as Rs. 6500-10500 in PB II with corresponding Revised Pay Structure of Rs. 9300- 34800 in the Grade Pay of Rs. 4200/- with a clear mention of Fitment Table S-12. 5. He also pointed out that the Fitment Tables are contained in Annexure-I of the said Resolution and Fitment Table No. S-12 is directly relatable to the Petitioners as per entries at Sl. No. 300 of Schedule-III of the State’s own Resolution dated 28.02.2009 which also stands confirmed as per Note-5 as contained in Clause 8 of the said State Resolution. While arguing on the State’s Resolution dated 29.07.2011, Ld. Senior Counsel pointed out that the said Resolution further confirms the claims of the Petitioners as 2025:JHHC:35382 8 the Entry Scale of the Primary School Trained Teachers to which group the petitioners belong, the pre-revised scale and upgraded pay scale was correctly mentioned as Rs. 4500- 7000 and Rs. 6500-10500 respectively and admissible revised pay scale was mentioned in PB II (9300-34800) with the Grade Pay of Rs. 4200/-. He further pointed out that in so far as the Petitioners are concerned; no change took place; however, with respect to Senior Scale and next higher Scale, a decision was taken to grant Grade Pay of Rs. 4600/- and 4800/- respectively with which the Petitioners are not concerned. 6. While referring to Annexure-6 appended with the Supplementary Affidavit filed in this case, he argued that the Assistants/ Private Assistants of the Government Secretariat were also similarly situated and, in their case also, a decision of their pay upgradation from Rs. 6500-10500 to Rs. 7450- 11500 was taken by the State Government and the State Government has already fixed their Pay Scales accordingly as per the Fitment Table No. 13 as was prescribed for them in the original State Resolution dated 28.02.2009. It has been argued that by the State’s Resolution dated 13.08.2014, a decision was taken to notify for the purpose of fixation of Pay Scales of various categories of 2025:JHHC:35382 9 employees which obviously also included the Scales which had been applicable on different grades of Primary Teachers but however, the said Resolution was directed to be stayed vide a letter dated 11.09.2014 issued under the signature of the Principal Secretary of the Finance Department which was not in its capacity and jurisdiction as per law and thus challenge was thrown against that letter dated 11.09.2014. He has further mentioned that subsequently by another State Government Resolution issued on 26.03.2018 the earlier Resolution dated 13.08.2014 was decided to be cancelled with clear notes and observation that the procedure for fixation of pay with respect to the upgraded pay scales w.e.f. 01.01.2006 was already prescribed under clause 8(1) of the original Departmental Resolution No. 660 dated 28.02.2009, therefore there was no requirement for prescribing a separate Fitment Table as was done vide Resolution no. 2891 dated 13.08.2014. 7. Per contra, Ld. 2891 dated 13.08.2014. 7. Per contra, Ld. Counsel appearing for the State Government opposed the writ petition and primarily argued that the Petitioners have challenged the State Resolution dated 26.03.2018 and letter dated 11.09.2014 which was issued for staying the earlier State’s Resolution dated 13.08.2014, therefore are not entitled to the benefits which 2025:JHHC:35382 10 were allowed vide State’s Resolution dated 13.08.2014 by which different Fitment Tables were prescribed. Upon asking by the Court that if the Petitioners are not seeking any relief from the Table as notified vide Government Resolution dated 13.08.2014 and are rather seeking fixation of their pay in the light of and as per the provisions of original Resolution dated 28.02.2009 as per Table No. S-12, the Ld. State Counsel failed to controvert such stand and claims of the petitioners. Ld. State Counsel also argued that the Petitioners have not disclosed their pay scale and salary, therefore they cannot be granted any relief. 8. Having heard Ld. Counsel for the parties and after going through the documents annexed with the respective affidavits this Court finds that the State Government did resolve to accept and implement the recommendations of 6th Central Pay Commission in the manner and as per the Resolution dated 28.02.2009. From Clause 2 and 3 of the said State Resolution it is clear that the Schedule-I, Schedule-II and Schedule-III are part and parcel of the said Resolution. Further, it is evident from Clause 8 of the said State Resolution that Fitment Committee Table in new pay structure annexed as Annexure-I series has to be adhered to for the purpose of fixation of initial pay in the revised pay 2025:JHHC:35382 11 structure and the computation has to be made w.e.f. 01.01.2006 for existing employees as per the provisions of clause 8 of the said Resolution. 9. This Court also finds that as per the State’s own Resolution dated 28.02.2009, (Schedule-III, Sl. No. 309) the pre-revised scale and upgradation of pre revised scale for Primary School Teacher (Basic Grade/Grade-III) has been recognized to be Rs. 4500-7000 and Rs. 6500-10500 respectively and the pay band in the new pay structure has been prescribed in PB-II with a Grade Pay of 4200/-. 10. It would be profitable to extract the relevant part at Sl. No. 309 of Schedule -III, which reads as under :- 309 Posts Pre revised scale Upgradation of pre revised scale Pay Band in the new pay structure Grade Pay Primary School Teacher Grade- III 4500- 7000 Grade-III 6500-10500 PB-II 4200 Further, at Sl. No. 300 of the same Schedule-III, the Entry Scale of Primary School Trained Teachers has been the scales, grade and revised pay structure as approved by the State has been mentioned as below:- A. Primary School Trained Teacher 300 Entry Scale 6500- 10500 S-12 PB-II 9300- 34800 4200 2025:JHHC:35382 12 Further, Schedule-I, revised pay scale at Sl. No. 13 same entries and approved scales can be found which reads as under :- Present Scale Revised Pay Structure 13 S-12 6500-200- 10500 PB-II 9300- 34800 4200 The relevant Fitment Table, S-12 has also been prescribed in Annexure-I of the State’s Resolution dated 28.02.2009 which reads as under :- Pre-revised scale (S-12) Revised Pay Band+Grade Pay Rs. 6500-200-10500 PB-II Rs. 9300-34800+ Rs. 4200/- Pre-revised basic pay Revised Pay Pay in Pay Band Grade Pay Revised Basic Pay 6500 12090 4200 16290 6700 12470 4200 16670 6900 12840 4200 17040 7100 13210 4200 17410 7300 13580 4200 17780 7500 13950 4200 18150 ……… …….. ………. ……….. 11. Therefore, it is clear that the scales and respective pay in pay band and revised basic pay has been mentioned in the said Table; thus, the manner in which pay fixation has to be made is already prescribed in the Fitment Table S-12 of the original State’s Resolution dated 28.02.2009 itself. It further transpires that the State Government’s Resolution dated 29.07.2011 also fortifies and supports the claims of the Petitioners because the then pay scale of the basic grade of Trained Primary Teachers was very much 2025:JHHC:35382 13 accepted as Rs. 6500-10500 and payable scale was prescribed in PB-II (9300-34800) with Grade Pay of Rs. 4200/-. 12. As a matter of fact, the State’s Resolution dated 26.03.2018 very rightly noted that if there was already a Fitment Table and procedure of fixation of pay prescribed in the State’s original Resolution dated 28.02.2009, there was no need to notify another set of Fitment Tables through Resolution dated 13.08.2014. I find force in the arguments advanced from the side of the Petitioners that the Petitioners are entitled to the fixation of their revised pay as prayed for by them in view of the provisions as contained in the State’s Resolution No. 660/F dated 28.02.2009 in the light of Clause 8 (1) (A) r/w Note-5 and in the manner as provided by Fitment Table No. S-12 which is no doubt part and parcel of the State’s Resolution dated 28.02.2009 itself. 13. Having regards to the aforesaid discussions, the Respondents are directed to issue pay fixation orders in favour of the Petitioners while taking into account the Clause 8 (1) (A) r/w Note-5 and other provisions contained in the said Clause and Fitment Table No. S-12 which is contained in Annexure-I of the State’s Resolution dated 28.02.2009 within 2025:JHHC:35382 14 a period of 12 weeks from the date of receipt/production of copy of this order. The Respondents shall also consider the Entries and provisions made at Sl. No. 13 of Schedule-I, Sl. No. 309 and 300 of Schedule-III above referred and also take into account that in relation to the Assistants and Personal Assistants posted in State Secretariat who also had a case of upgradation of pay scale, have been allowed revisions of their pay scales as per the State’s Resolution dated 28.02.2009 vide a State Resolution issued on 01.10.2019. Upon fixation of pay scales of the Petitioners as aforesaid, the Respondents shall extend all consequential benefits to the Petitioners within a further period of 8 weeks after issuance of the pay fixation orders in favour of the Petitioners. 14. As a result, these writ applications stand disposed of in aforesaid terms. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) November 27, 2025 Amardeep/- N . A . F . R . Uploaded 27/11/2025