2025:JHHC:14318 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.2165 of 2025 ------- Sri Subhash Mehra @ Subhash Mehra, aged about 57 years, Son of Lovind Mehra, resident of Village-Latouna, P.O. Latouna, P.S.-Pathargama, District-Godda, Jharkhand, presently posted as Assistant Teacher in Upgraded Middle School, Ghat Amarpur, Post-Korka, Block Basantrai, District Godda, Jharkhand ...… Petitioner Versus 1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, Project Building, Dhurwa Ranchi-04, P.O. & P.S. Dhurwa District- Ranchi, Jharkhand 2. The Secretary, School Education and Literacy Development Department, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi-04, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand. 3. The Director, School Education and Literacy Development Department, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi-04, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand. 4. The Deputy Commissioner, Godda, P.O. + P.S.-Godda, District-Godda, Jharkhand. 5. The District Superintendent of Education, Godda, P.O. + P.S.-Godda District-Godda, Jharkhand …. Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- 2025:JHHC:14318 2 For the Petitioner : Mr. Ranjan Prasad Ram, Adv. For the Res. State : Mr. Suresh Kumar, SC(L&C)-II ------- 02/Dated:08.05.2025 1. The instant application has been preferred by the petitioner for following relief:- (i) For issuance of an appropriate writ/writs, order/direction/directions or a writ particular in nature of mandamus commanding upon the respondents to revise and fix, the pay scale of the petitioner after increasing annual increment which has been withheld by the respondents from 01.07.2016, due to suspension and departmental proceeding as appears from Annexure-7 dated 25.09.2017 whereas revocation of his suspension order has been recommended on 08.07.2015 (Annexure-4) and suspension revoked on 21.12.2016 (Annexure-6) on and departmental proceeding was completed on 04.11.2016 (Annexure-5, Series) and he has acquitted from his all charges, on the other hand the pay fixation became on 25.09.2017 wherein it is indicated in column 8 and 9 of Annexure-7 as, due to suspension and departmental proceeding his annual increment did not make (Annexure-7) which amounts using arbitrary power of the respondent No.5 i.e. D.S.E., Godda for which he may be punished and put up have cost for such a conduct. (ii). For that, the petitioner further prays to make payment arrears of the salary with compound interest arising out from annual increment from 01.07.2016, 01.07.2017, 01.07.2018, 01.07.2019, 01.07.2020, 2025:JHHC:14318 3 01.07.2021, 01.07.2022, 01.07.2023 and 01.07.2024 (Nine increment) 2. Learned counsel for the petitioner submits that he represented several times before the respondent authorities but the claim of this petitioner has not yet been redressed; as such the respondents may be directed to take a decision and pass a reasoned order in the matter in accordance with law with regard to the claim made by the petitioner in the present writ application. 3. Learned counsel for the Respondents submits that since no counter affidavit has been filed till date, as such the instant writ application may be disposed of by directing the petitioner to file a fresh representation before the concerned respondent. 4. Having regard to the aforesaid facts and circumstances of the case, the instant writ application is hereby disposed of by directing the concerned respondent to treat this writ application as representation and take a decision in the matter with regard to the claim made by the petitioner in accordance with law and applicable rules and regulations by passing a reasoned and speaking order within a period of 16 weeks from the date of receipt/production of a copy of this order. The petitioner is also directed to serve a copy of this writ application to the concerned Respondent at the earliest. 2025:JHHC:14318 4 It goes without saying that if the claim of the petitioner is found to be genuine then consequential benefits must be extended to the petitioner within a further period of Six weeks. 5. With the aforesaid observation and direction, the instant writ application stands disposed of. Pending I.A.s if any, also closed. (Deepak Roshan, J.) Fahim/-