Sanjay Kumar Singh vs The State Of Jharkhand
2021 Latest Caselaw 7 Jhar

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      IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(S) No. 3488 of 2020

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1.Sanjay Kumar Singh, aged about 58 years, son of late Upendra Prasad Singh,resident of at Mount Auto, Palmerganj Chowk, Main Road, Lohardaga, PO and PS Lohardaga, District Lohardaga.

2.Kishore Kumar Verma, aged about 59 years, son of late Yadunandan Verma, resident of at Cheknaka, Palmerganj, PWD Road, Lohardaga, PO and PS Lohardaga, District Lohardaga

3.Anugrah Kumar, aged about 55 years, son of Krishnamohan Thakur, resident of at Block More, behind L.G.S.S. Lohardaga, PO and PS Lohardaga, District Lohardaga

4.Sujit Rajak, aged about 49 years, son of late Shobi Dhobi, resident of at Raja Bangla, Lohardaga, PO and PS Lohardaga District Lohardaga

5.Ajay Kumar Lal, aged about 51 years, son of late Dhanik Lal, resident of at Gudri Bazar, Lohardaga, PO and PS Lohardaga District Lohardaga

6.Enamul Haque, aged about 52 years, son of late Numan Ansari, resident of at New Azad Basti, Lohardaga, PO and PS Lohardaga District Lohardaga

7.Seema Kumari Choudhary, aged about 51 years, wife of Lakhan Lal Manjhi, resident of at MG Road, Lohardaga, PO and PS Lohardaga District Lohardaga

8.Fulchand Toppo, aged about 52 years, son of late Khristogiri Toppo, resident of at Khakhparta PO Rampur, PS. Lohardaga, District Lohardaga

9.Bijay Kumar, aged about 53 years, son of late Haldhar Lal Das, resident of at Ashok Nagar Block Colony, Lohardaga, PO and PS Lohardaga District Lohardaga

10.Sushma Verma, aged about 58 years, son of Rajiv Kumar, resident of at Misson Chowk, Lohardaga, PO and PS Lohardaga District Lohardaga

11.Taiyab Ansari, aged about 56 years, son of Ismaeel Ansari, resident of at PO Pandra, PS Kuru, District Lohardaga

12.Nasimuddin Mirdaha, aged about 57 years, son of Samiruddin Mirdaha, Durga Bari Lane, Star Colony, Lohardaga, PO and PS Lohardaga District Lohardaga

13.Lal Arvind Kumar Nath Shahdeo, aged about 52 years, son of Lal Radheshyam Nath Shahdeo, resident of at Ashok Nagar, Kutmu, Lohardaga, PO and PS Lohardaga District Lohardaga

14.Amrendra Kumar, aged about 48 years, son of late Krishbigu Gope,

resident of at Utka, PO and PS Kairo, District Lohardaga

15.Salomi Lakra, aged about 54 years, daughter of late Gabriel Lakra, resident of at Cheknaka, New Area, Palmerganj, Lohardaga, PO and PS Lohardaga District Lohardaga

16.Tauhid Alam, aged about 49 years, son of late Moizuddin, resident of at New Azad Basti, Bangla, Lohardaga, PO and PS Lohardaga District Lohardaga

17.Shaukat Hussain, aged about 53 years, son of Salamat Hussain, resident of at Court Road, Rahmat Nagar, Lohardaga, PO and PS Lohardaga District Lohardaga

18.Sabiha Khatoon, aged about 54 years, wife of Suhail Ahmad Ansari, resident of at Islam Nagar, Lohardaga, PO and PS Lohardaga District Lohardaga

19.Sandhya Singh, aged about 49 years, daughter of late Balgovind Singh, resident of at Basarbari, near Reliance Petrol Pump, Lohardaga, PO and PS Lohardaga District Lohardaga

20.Kewal Niral Lakra, aged about 52 years, son of Joljas Lakra, resident of at Umri, PO Sinjo, PS Kairo, District Lohardaga

21.Vinay Kumar, aged about 51 years, son of Dr. R.B.Sahu, resident of at BID Gumla Road, Lohardaga, PO and PS Lohardaga District Lohardaga

22.Md. Tabarak Ansari, aged about 50 years, son of late Jumman Ansari, resident of at Millat Colony, Khad gaddha new Road, Lohardaga, PO and PS Lohardaga District Lohardaga

23.Bipin Kumar Das, aged about 49 years, son of late Kameshwar Narayan Das, resident of at Ashok Nagar, behind Block Colony, Lohardaga, PO and PS Lohardaga District Lohardaga

24.Kanhaiya Dwivedi, aged about 52 years, son of late Vishwanath Dwivedi, resident of Gudri Bazar, near Thakur Bari Mandir, Lohardaga, PO and PS Lohardaga District Lohardaga

25.Nabh Kumar Das, aged about 51 years, son of late Kameshwar Narayan Das, resident of at Ashok Nagar, behind Block Colony, Lohardaga, PO and PS Lohardaga District Lohardaga

26.Jaleshwar Oraon, aged about 56 years, son of late Pannu Oraon, resident of at Chadlaso PO Henjla, PS Kuru, District Lohardaga

27.Nawneet Kumar Gaur, aged about 49 years, son of Om Prakash Gour, resident of at Tiwari Dura, Lohardaga, PO and PS Lohardaga District Lohardaga

28.Sageer Ansari, aged about 49 years, son of Nuruddin Ansari, resident at near Eidga, Lohardaga, PO Ningni, PS Lohardaga, District Lohardaga

29.Naresh Kumar Singh, aged about 49 years, son of late Rajendra Singh, resident of at PO, Ningni, PS, Lohardaga, District Lohardaga

30.Jaidhar Kumar, aged about 51 years, son of Sri Ramdeo Baitha, resident of at Sanjay Gandhi Path, Palmerganj, Lohardaga, PO and PS Lohardaga District Lohardaga

31.Rambilas Oraon, aged about 53 years, son of late Bandhnu Oraon, at Bhujaniya, PO Irgaon, PS Lohardaga District Lohardaga

32.Rahul Kumar, aged about 49 years, son of late Shiv Gopal Prasad, resident of at Sri Krishna Lane, Main Road, Lohardaga, PO and PS Lohardaga District Lohardaga

33.Mahendra Ram, aged about 50 years, son of late Chamra Ram, resident of at BID, Prem Nagar, Lohardaga, PO and PS Lohardaga District Lohardaga

34.Dilip Kumar Sahu, aged about 56 years, son of Late Bharat Sahu, resident of at Court Road, beside Sanjeevani Hospital, Baba Math, Lohardaga, PO and PS Lohardaga District Lohardaga

35.Ravindra Singh, aged about 51 years, son of Tapnarayan Singh, resident of at C/o R.N. Dwivedi, Dubey Colony, Lohardaga, PO and PS Lohardaga District Lohardaga

36.Aditya Kumar Baidya, aged about 49 years, son of Sri Lal Mohan Baidya, resident of at Kuru, PO and PS Kuru, District Lohardaga

37.Rajendra Oraon, aged about 58 years, son of Mani Oraon, resident of at Uru - Muru, PO Jingi, PS Kuru, District Lohardaga

38.Jageshwar Oraon, aged about 52 years, son of late Gopi Oraon, resident of at Raja Bangla, Juriya Road, Lohardaga, PO and PS Lohardaga District Lohardaga

39.Ganesh Lal, aged about 51 years, son of Late Shiv Shankar Lal, resident of at Sanjay Gandhi Path , Palmerganj, Lohardaga, PO and PS Lohardaga District Lohardaga

40.Shambhu Kumar Sharma, aged about 50 years, son of late Kauleshwar Sharma, resident of at near Nagendra Mill, New Road, Lohardaga, PO and PS Lohardaga District Lohardaga

41.Anil Kumar Choudhary, aged about 52 years, son of late Anant Nath Choudhary, resident of at Tiwari Dura, Lohardaga, PO and PS Lohardaga District Lohardaga

42.Anup Kumar Choudhary, aged about 56 years, son of late Anant Nath Choudhary, resident of at Tiwari Dura, Lohardaga, PO and PS Lohardaga District-Lohardaga

43.Jitendra Prasad Agarwal, aged about 58 years, son of late Rambriksha Prasad Agarwal, resident of at Ward No.19 beside Reliance Petrol Pump

Basarbari, Barwatoli, Lohardaga, PO and PS Lohardaga District-Lohardaga

44.Binod Kumar Singh, aged about 56 years, son of Sri Chandradeo Singh, resident of at Shanti Nagar, Kisko more, Lohardaga, PO and PS Lohardaga District-Lohardaga

45.Mrinalenshu Kumar Puri, aged about 52 years, son of late Devki Nandan Puri, resident of at Sanjay Gandhi Path ,Palmerganj, Lohardaga, PO and PS Lohardaga District-Lohardaga

46.Shravan Kumar, aged about 48 years, son of Siyaram Rajak, resident of at Tiwari Dura, Mahadeo Toli Road, Lohardaga, PO and PS Lohardaga District-Lohardaga

47.Ganesh Prasad, aged about 54 years, son of late Domi Singh, resident of at Ashok Nagar, Block Colony, Lohardaga, PO and PS Lohardaga District-Lohardaga

48.Md. Masood Alam, aged about 52 years, son of late Naseeruddin, resident of at New Road, Lohardaga, PO and PS Lohardaga District- Lohardaga

49.Md. Rizwan Ahmed, aged about 52 years, son of late Md. Jalil Ahmed,resident of at Bangla Road, Amlatoli, Lohardaga, PO and PS Lohardaga District-Lohardaga

50.Arif Akhtar Ansari, aged about 50 years, son of Shamsuddin Ansari, resident of at Star Colony, New Azad Basti, Lohardaga, PO and PS Lohardaga District-Lohardaga

51.Syed Amanullah, aged about 58 years, son of late Syed Kalimuddin, resident of at Amlatoli, Bangla Road, Lohardaga, PO and PS Lohardaga District-Lohardaga

52.Hasan Ansari, aged about 57 years, son of Gafruddin Ansari, resident of at PO Chandujima, PO Kuru, District-Lohardaga

53.Mustaque Ali Ahmed, aged about 49 years, son of Basarat Hussain Ansari, resident of at Star Colony, Bangla, Lohardaga, PO and PS Lohardaga District-Lohardaga

54.Md. Zahid Alam, aged about 52 years, son of Md. Mahboob Alam, resident of at Star Colony, Lohardaga, PO and PS Lohardaga District- Lohardaga

55.Mumtaz Ansari, aged about 52 years, son of late Alimuddin Ansari, resident of at Bangla Road, near Diniya Maddarsa Ward No.3, Lohardaga, PO and PS Lohardaga District-Lohardaga

56.Naresh Kumar Dasoundhi, aged about 53 years, son of late Chuniram Dasoundhi, resident of Harmu Road, Nadia, Lohardaga, PO and PS Lohardaga District-Lohardaga

57.Suman Kumar Das, aged about 47 years, son of Yogendra Narayan

Das, resident of at behind Block Colony, Ashok Nagar, Kutmu, Lohardaga, PO and PS Lohardaga District-Lohardaga

58.Maruti Kumar Bhagat, aged about 52 years, son of late Gorui Shankar Bhagat,resident of at Nadia Station toil, Lohardaga, PO and PS Lohardaga District-Lohardaga

59.Bigamber Munda, aged about 53 years, son of Mahabir Munda, resident of at Tisiya Nawatoli, PO Tisiya, PS Kisko, District-Lohardaga

60.Otonomas Dan Tigga, aged about 52 years, son of late Luthni Ranjan Tigga, resident of at Umri, PO Sinjo, PS Kuru, District-Lohardaga

61.Azam Khan, aged about 56 years, son of late Mansoor Khan, resident of at Kundo, Hamid nagar, PO and PS Kuru, District-Lohardaga

62.Sujit Kujur, aged about 47 years, son of late Libnus Kujur, resident of at Sobrantoli, College Road, Lohardaga, PO and PS Lohardaga District- Lohardaga

63.Bindeshwar Oraon, aged about 53 years, son of late Birsa Oraon, resident of at Sobiantoil, Birsa nagar, Lohardaga, PO and PS Lohardaga District-Lohardaga

64.Md. Taufique Ahmad, aged about 55 years, son of Abdul Rauf, resident of at Amla Toli, Tipu Sultan Chowk, Lohardaga, PO and PS Lohardaga District-Lohardaga

65.Md. Imran Ahmad, aged about 52 years, son of late Jalil Ahmad, resident of at Bangla Road, Amlatoli, Lohardaga, PO and PS Lohardaga District-Lohardaga

66.Subodh Kumra Sengupta, aged about 51 years, son of Sri N.N. Sahu,resident of Sanjay Gandhi Path, Palmerganj, Lohardaga, PO and PS Lohardaga District-Lohardaga

67.Kumari Archana, aged about 45 years, wife of Sri Subodh Kumar Sengupta, resident of at Sanjay Gandhi Path, Palmerganj, Lohardaga, PO and PS Lohardaga District-Lohardaga

68.Devicharan Oraon, aged about 52 years, son of late Lothe Oraon, resident of at PO Juriya, PS Lohardaga, District-Lohardaga

69.Ram Prawesh Prasad Gupta, aged about 53 years, son of Sri Shankar Prasad Gupta, resident of at Jharo chatti, PO Jhiko chatti, PS Bhandra, District-Lohardaga

70.Tewari Bhagat, aged about 53 years, son of Puna Bhagat, resident of at PO Rampur, PS Lohardaga, District-Lohardaga

71.Uday Kumar, aged about 49 years, son of Ayodhya Prasad Sah, resident of at Dubey Colony, Lohardaga, PO and PS Lohardaga District-Lohardaga

72.Satish Kumar, aged about 52 years, son of Indradeo Baraik, resident of

at Sanjay Gandhi Path, Palmerganj, Lohardaga, PO and PS Lohardaga District-Lohardaga

73.Mithlesh Kumar, aged about 48 years, son of Sri Shiv Narayan Prasad, resident of at Gudri Bazar Dharamshala Road, Lohardaga, PO and PS Lohardaga District-Lohardaga

74.Dinesh Oraon, aged about 58 years, son of late Ledwa Oraon, resident of at Harmu Road, Nadia, Lohardaga, PO and PS Lohardaga District- Lohardaga

75.Nirmala Kumari, aged about 52 years, wife of Shiv Prasad Gupta, resident of at Gudri, Lohardaga, PO and PS Lohardaga District-Lohardaga

76.Mahesh Prasad, aged about 55 years, son of late Domi Singh, resident of at Ashok Nagar, Kutmu, behind Block Colony, Lohardaga, PO and PS Lohardaga District-Lohardaga

77.Javed Akhtar, aged about 56 years, son of Abdul Razzaque Ansari, resident of at Bangla Road, Ward No.3 near Aisha Kachhi Girls School, Lohardaga, PO and PS Lohardaga District-Lohardaga

78.Satish Chandra Oraon, aged about 49 years, son of late Lothe Oraon, resident of at Ashok Nagar, Kutmu, Lohardaga, PO and PS Lohardaga District-Lohardaga

79.Md. Aslam, aged about 56 years, son of late S.K. Jamaluddin Ansari, resident of at New Azad Basti Bangla Road, Lohardaga, PO and PS Lohardaga District-Lohardaga

80.Augistin Topno, aged about 51 years, son of Masih Toppo, resident of Mariya toil, Kaimo, Patratoli, Lohardaga, PO and PS Lohardaga District- Lohardaga

81.Manohar Toppo, aged about 56 years, son of Late Boas Toppo, resident of at Sarna Toli, Ward No.14 , Lohardaga, PO and PS Lohardaga District- Lohardaga

82.Shiv Kumar Bhagat, aged about 49 years, son of late Ramdeo Oraon, resident of at Nadia, Harmu Road, near Nadiya High School, Lohardaga, PO and PS Lohardaga District-Lohardaga

83.Rakesh Munda, aged about 55 years, son of late Gandur Munda, resident of at Tanti PO and PS Kuru, District-Lohardaga

84. Shashi Bhushan Bhagat, aged about 51 years, son of Late Rampreet Bhagat, resident of at Hanhat PS Kairo District-Lohardaga

85.Krishnamani Yadav, aged about 52 years, son of late Mohan Mahto, resident of at PO Pandra, PS Kuru, District-Lohardaga

86.Bikesh Kumar Sinha, aged about 52 years, son of late Bisheshwari Charan Sinha, resident of at Court Road Palmerganj, Lohardaga, PO and PS Lohardaga, District Lohardaga

87.Resham Lal, aged about 53 years, son of Ramsharan Sahu, resident of at Senha PO and PS Senha, District-Lohardaga

88.Kamla Lakra, aged about 55 years, wife of Lohra Oraon, resident of at Juriya, Kathartoli, PO Juriya, PS Lohardaga, District-Lohardaga

89.Jeromi Lakra, aged about 52 years, wie of Anmol Ravi Ekka, resident of at Ratu Chatti, Barka Toli, PO and PS Ratu, District Ranchi

90.Nand Kumar Saw, aged about 54 years, son of Ram Shankar Sahu, resident of at Shanti Nagar, Kisko more, Lohardaga, PO and PS Lohardaga District-Lohardaga

91.Rita Ekka, aged about 52 years, C/o Sunil Kindo, College Road, Barwatoli, Lohardaga, PO and PS Lohardaga District-Lohardaga

92.Deonarayan Bhagat, aged about 55 years, son of late Ramsahay Bhagat, resident of Sobrantoli, new Colony, Lohardaga, PO and PS Lohardaga District-Lohardaga

93.Jarge Jonson Bakhla, aged about 52 years, son of late Sadrak Bakhla, resident of at Bethat, Ambatoli, PO hesapiri, PS. Bagru, Block-Kisko, District-Lohardaga

94.Ramchandra Bhagat, aged about 53 years, son of late Pali Bhagat, resident of At Hesag Hatwal, PO Dundru, PS Serengdag, Block Peshrar, District-Lohardaga

95.Wakil Bhagat, aged about 54 years, son of late Birsa Bhagat, residentof at DAV Road, Karamtoli, Juriya, PO Juriya, PS Lohardaga, District- Lohardaga

96.Noel Kujur, aged about 50 years, son of Jonathan Kujur, resident of At Nawadih, Fateyatoli, PO Nari Nawadih, PS. Kisko, District-Lohardaga

97.Sushila Tirkey, aged about 52 years, wife of Bande Oraon, resident of at Sarnatoli, Lohardaga, Lohardaga, PO and PS Lohardaga, District- Lohardaga

98.Mahabir Oraon, aged about 46 years, son of Mangal Oraon, resident of at Taku, PO and PS Kuru, District-Lohardaga

99.Santan Lakra, aged about 55 years, son of late Somra Lakra, resident of at Laxmi Nagar, Kuru, PO and PS Kuru, District-Lohardaga

100.Uma Choudhary, aged about 48 years, wife of Sanjay Kumar Choudhary, residentof at Akhouri Colony, New Road, Lohardaga, PO and PS Lohardaga, District-Lohardaga

101.Kanti Ekka, aged about 56 years, wife of Shyamdeo Baraik, resident of at and PO Jima, P.S. Kuru, District-Lohardaga

102.Sonmatiya Minz, aged about 54 years, wife of Bahadur Oraon,

resident of AT Merho, PO Korambey, PS Senha, District-Lohardaga

103.Krishna Ram, aged about 58 years, son of late Baldev Ram, resident of at and PO Masmano, PS Bhandra, District-Lohardaga ..... Petitioners

-- Versus --

1.The State of Jharkhand

2.The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, PO and PS Dhurwa, District Ranchi

3.The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, PO and PS Dhurwa, District Ranchi

4.The Secretary, Planning cum Finance, Government of Jharkhand, Project Building, Dhurwa, PO and PS Dhurwa, District Ranchi

5.The District Superintendent of Education, Lohardaga, PO and PS Lohardaga, District Lohardaga ...... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Saurabh Shekhar, Advocate For Resp.-State :- Ms. Pinki Tiwari, A.C. to A.G.

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4/04.01.2021 Heard Mr. Saurabh Shekhar, the learned counsel for the petitioners and Ms. Pinki Tiwari, the learned counsel for the respondent State.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

The petitioners have preferred this writ petition for direction upon the respondents to fix the entry pay in the 6 th pay revision, to the tune of Rs.17,140/- as against grade pay of Rs.4600/- in pay band -II in the scale of Rs.9300-34800/- i.e. corresponding to the entry pay as prescribed in schedule-I of Government resolution dated 28.02.2009 as found against such grade pay of Rs.4600/- in the pay band-II of

schedule-I of the resolution. Further prayer is made to fix the entry pay and consequential benefits.

Mr. Saurabh Shekhar, the learned counsel for the petitioners submits that the petitioners were appointed on the post of Assistant Teacher in the month of August, 1994 in Government Primary Schools. The petitioners after completion of 12 years of continuous service became entitled for promotion to the senor scale in the month of August, 2006. The petitioners were granted promotion and thereafter fixation of pay was done in the senior scale having grade pay of Rs.4600/- in PB-II in the pay scale of Rs.9300-34800/-. The entry pay of all the petitioners in the grade pay of Rs.4600/- was decided to be Rs.15,850/- which is less than Rs.17,140/- as mentioned in the schedule-I of Government resolution dated 28.02.2009. The State of Jharkhand has undertaken to adopt 6th PRC with effect from 01.01.2006 and the replacement scale has been provided. In the schedule-I of the resolution, pay band, corresponding grade pay, pay in the pay band and total pay have been prescribed. The petitioners have been granted PB-II bearing scale of Rs.9300-34800/- in the grade pay of Rs.4600/- and pay in the pay band was to be decided as Rs.12,540/- but instead it was decided less and thereafter the lesser pay of Rs.15,850/- was fixed in the 6th PRC instead of recorded Rs.17,140/- as entry pay. The entry pay in the grade pay of Rs.4600/- is always to be Rs.17,140/- as per schedule-I of the Government resolution dated 28.02.2009 as contained in Annexure-2 to the writ petition. The matter was agitated before the learned Central Administrative Tribunal, Delhi in O.A. No.3217 of 2014 and the issue was decided vide judgment and order dated 04.04.2016. Further the matter was agitated before the Hon'ble Delhi High Court, in W.P.(C) No.2634 of 2017 and vide judgment and order dated 23.03.2017 the issue was decided. Further the matter was also raised before the Hon'ble Supreme Court in SLP (Civil) No.23663 of 2017, whereby the final decision was taken on 01.09.2017 wherein the Central Government conceded to the issue. These orders are annexed as Annexure-3 series to the writ petition.

In view of the judgment of the Central Administrative Tribunal, Delhi High Court and the order in the SLP, the Court comes to the conclusion that it requires to be considered by the respondent State

at first instance.

In view of the above facts, the petitioners are directed to file fresh representation before the respondent nos. 2 and 3 annexing all the credentials on which the petitioners are seeking such relief within three weeks from today.

If such representation is filed within the aforesaid period, the respondent nos.2 and 3 shall take a decision in accordance with the rules, regulations and the guidelines and will pass appropriate reasoned order within a period of eight weeks thereafter.

With the aforesaid observation and direction, the writ petition [W.P.(S) No.3488 of 2020] stands disposed of.

( Sanjay Kumar Dwivedi, J) SI/, ,