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2025 DAILYLAW 3783 (JHR)

SAIBAL DAS GUPTA And ORS v. STATE OF JHARKHAND And ORS

WPC/6074/2008 · 2025-07-04

Deepak Roshan

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Judgment text

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2025:JHHC:18420 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6074 of 2008 --------- 1. Saibal Das Gupta son of late Nirmal Kanti Das Gupta, resident of Atul Renu Apartment, Flat No.2/l, West Burdwan, Sakchi, P.O. & P.S, Sakchi, District East Singhbhum (Jamshedpur) 2. Sajal Kumar Gorai son of late Kamal Kanta Gorai, resident of House No.5, Vipasha Path, Uliyan, Kadma, P.O. & P.S. Kadma, District- East Singhbhum( Jamshedpur) 3. Ram Ekbal Mahato son of late Bala Mahato, resident of Qr. No. 830. New Baradwari, P.O. Deonagar, P.S. Sakchi, District East Singhbhum( Jamshedpur) 4. Anil Kumar Srivastava son of Sri Radha Mohal Lal, resident of Kalika Nagar, Mango, P.O. & P.S. Mango, District East Singhbhum( Jamshedpur) 5. Naresh Prasad Sinha son of Sri Dwarika Prasad, resident of Suberna Rekha Colony, Ghatshila, P.O., P.S. and District Ghatshila. 6. Md. Mahtab Ahmad son of late Sohail Ahmad, resident of road No. 13D, Jawahar Nagar, Jamshedpur, P.O. & P.S. Sakchi, District East Singhbhum( Jamshedpur) 7. Narayan Prasad son of late Shyam Mahto, resident of Suberna Rekha Colony, Chandil, P.O & P.S Chandil, District Saraikela Kharsawan. 8.(a) Asha Verma w/o Ajay Kumar Verma, aged about 56 years 8.(b) Abhishek Verma, aged about 32 years, S/o of Ajay Kumar Verma, 8.(c) Rahul Verma, aged about 28 years S/o Ajay Kumar Verma All resident of Jagdishpur Road, Near Subhash School, P.O. Harharguttu, P.S. Bagbera, Jamshedpur, District- East Singbbhum. 9. Sukhendu Bikash Paul, son of late Harihar Paul, resident of NH-33 Dalma Bes Colony, Dimna, P.O. M.G.M. College, Jamshedpur, P.S. Mango, District-East Singbhum (Jamshedpur). 10.(a) Abhineet Kumar, aged about 32 years 10.(b)Anurag Kumar, aged about 30 years, both sons of Late Barun Prasad singh, resident of Qr. No. D/1, Swarnrekha Project Colony, Shankosai P.O.& P.S. Mango Town- Jamshedpur, District-East Singbhum. 11. Haradhan Mahto son of late Ayodhya Mahato, resident of 2025:JHHC:18420 2 Qr. No. E/51, New Suberna Rekha Colony, Adityapur, P.O. & P.S. Adityapur, District-East Singbhum. 12. Uttam Kumar Hajra, son of Sri Dayamay Hajra, resident of Chandil, P.O. and P.S. Chandil, District-Saraikela Kharsawan. 13. Tapan Kumar Mandal, son of Sri Bijay Lal Mandal, resident of Chandil, P.O. and P.S. Chandil, District-Saraikela Kharsawan. 14.(a) Shilpi Kumari, aged about 34 years, daughter of late Rabindra Nath Singh wife of late Anubhav Sinha, resident of Qr. No. E8, New Suwarnrekha Colony, Aditypaur, P.O. & P.S. Adityapur, District-Saraikela Kharsawan. 15.Himanshu Banjerjee son of Sri Radha Raman Banerjee, resident of Shankusai Colony, Qr. No. E/12, Mango, P.O. & P.S. Mango, District-East Singbhum (Jamshedpur) 16. Gour Chandra Hembram son of Sri Bhrigu Ram, Hembram, resident of Kopali, P.O. Kopali, P.S.Adityapur, District Saraikella Kharsawan. 17. Mahabir Kumar son of Sri Mritunjay Kumar, resident of Adityapur, P.O. and P.S. Adityapur, District Saraikella Kharsawan. 18. Ananta Lal Mahato son of Sri Banke Bihari Mahato, resident of Dam Colony, Chandil, P.O. and P.S. Chandil, District Saraikela Kharsawan. 19. Sunil Singh Munda son of Sri Ravi Singh Munda, resident of Suberna Rekha Colony, Ghatshila, P.O., P.S. and District Ghatshila. 20. Raja Ram Manjhi son, of Sri Hakim Majhi, resident of Suberna Rekha Colony, Ghatshila, P.O., P.S. and District Ghatshila. 21. Jagdish Chandra Sarangi son of late Durga Charan Sarangi, resident of Suberna Rekha Colony, Ghatshila, P.O., P.S. and District Ghatshila. 22. Gopal Chandra Adya son of Sri Devendra Nath Adya, resident of Bagan Area, Chandil, P.O. and P.S. Chandil, District Saraikella Kharsawan. 23. Haradhan Gope son of Sri Hare Lal Gope, resident of Baliguma, P.O. MG.M. Medical College, P.S. Mango, District East Singhbhum( Jamshedpur) 24. Shanker Chandra Das son of Sri Mahabir Das, resident of N.H. 33, Adityapur, P.O. & P.S Adityapur, District Saraikella Kharsawan. 2025:JHHC:18420 3 25. Sunil Chandra Gope son of Sri Nagendra Nath Gope, resident of Shankusai, P.O. & P.S. Mango, District East Singhbhum ( Jamshedpur). 26. Smt. Parwati Mardi wife of Sri Mona Majhi, resident of Suberna Rekha Colony, Dimna Colony, Dimna, P.O. & P.S Mango, District East Singhbhum. 27. Surendra Thakur son of Sri Kapil Thakur, resident of Shankusai Colony, Qr. No. F/12, Mango, P.O. & P.S. Mango, District East Singhbhum (Jamshedpur). 28. Kamal Kumar Dey son of Sri Ram Kumar Dey, resident of Shankusai, P.O. & P.S. Mango, District East Singhbhum (Jamshedpur). 29. Sunil Chandra Gope son of Sri Guru Charan Gope, resident of Road No.4, Shankusai, P.O.& P.S. Mango, District East Singhbhum (Jamshedpur). ....Petitioners Versus 1. The State of Jharkhand 2. The Secretary, Department of Finance, Project Building, H.E.C., Dhurwa, P.S. Jagannathpur, District Ranchi. 3. The Secretary, Water Resources Department, Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda, District Ranchi. 4. The Chairman, Fitment Appellate Committee, Finance Department, Kisan Prasikshan Kendra Parishad, Sector-II, Dhurwa, P.S. Jagannathpur, District Ranchi. ...Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners : Mr. Rajesh Kumar, Adv. For the Resp.-State : Mr. Ashwini Bhushan, A.C. to Sr. S.C.-III --------- 32/04.07.2025 Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner for the following reliefs; “(i) For issuance of an appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondents to grant and pay forthwith the pay scale to the petitioners at par with Central Government Employees w.e.f. 1.1.1996 as the same has been accepted by the State as per agreement dated 2025:JHHC:18420 4 21.11.1997 for giving pay scale of Draftsman Grade -1 & II. (ii) For issuance of an appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondents to forthwith grant pay scale of Rs.5500-9000/- and Rs.5000-8000/- to Draftsman Grade-I and II, respectively in place of Rs. 5000-8000/- and Rs.4000-6000/- respectively w.e.f. 1. 1.96 and pay the arrear thereof as per recommendation of the Central Pay Revision Committee and accepted by the State Government. The petitioners further pray for commanding upon the respondents for fixing pay scale of the petitioners as per recommendation and the agreement arrived by and between the employee’s association on 21.11.97 w.e.f. 1.4.96 and pay the arrear thereof accordingly; (iii) For issuance of an appropriate writ(s), order(s) and/or direction(s), seeking quashing of recommendation of Fitment Appellate Committee by which the scale of the petitioners without of appreciating the recommendation of the Central Govt., is recommended. (IV) For issuance of an appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondents to consider and recommended the case of the petitioners before the newly constituted Fitment Appellate Committee. AND/OR The petitioners pray for any other relief(s) to which the petitioners are legally entitled.” 3. At the outset learned counsel for the petitioners submits that though they are entitled for the claim of pay scale as claimed in this writ application, however the decision has not yet been taken; as such the instant writ application may be disposed of by giving liberty to the petitioners to approach the concerned respondent who shall decide the issue. 4. Learned counsel for the respondent does not have any objection. 2025:JHHC:18420 5 5. Having regard to the aforesaid submission and without going into merits of the case, the instant writ application, is hereby disposed of by giving liberty to these petitioners to file individual representations before the concerned respondent, who shall decide the issue in accordance with law and applicable rules and regulations by passing a reasoned and speaking order, within a period of 12 weeks from the date of receipt of copy of the representation/(s). 6. With the aforesaid observations and direction, the instant writ application stands disposed of. (Deepak Roshan, J.) Amardeep/-