Dinesh Prasad Singh & Ors vs State Of Jharkhand & Ors
2021 Latest Caselaw 1923 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   W.P. (S) No. 479 of 2020
            Dinesh Prasad Singh & Ors.                     ...                Petitioners
                                         Vs.
            State of Jharkhand & Ors.                      ...                Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK (Through: Video Conferencing) For the Petitioner : Mr. Umesh Prasad Singh, Advocate For the Resp.-State : Mr. Anish Mishra, AC to GP-I For JMADA : Dr. A.K. Singh, Advocate

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08/ 17.06.2021 Dr. A.K. Singh, learned counsel for the JMADA raises preliminary objection against the maintainability of writ petition, which are as follows:

1. Whether the writ petition is hopelessly barred by limitation as it has been filed after 14 years of cause of action. In this regard, he places heavy reliance on the reported judgment of Hon'ble Apex Court in case of Chennai Metropolitan Water Supply and Sewerage Board and others Vs. T.T. Murali Babu reported in (2014) 4 SCC 10.

2. Whether, petitioners have vested right to claim the benefits of pay revision?

3. Whether revision of pay and deciding date of its implementation comes under the domain of the State Government or whether it is the vested right of the employees to opt for pay revision from a particular date?

He further submits that JMADA is financially crippled organization and pay revision claimed by the petitioners will put further financial burden on JMADA in the present scenario and whether it is at all justified to claim for such pay revision at this juncture.

Learned Sr. counsel for the petitioners vehemently opposes the contention of the learned counsel for the respondent-JMADA and submits that petitioners have every right to challenge the vires of the impugned order dated 27.07.2019.

Mr. Anish Mishra, learned counsel representing the State seeks sometime to get ready in the case.

The case requires a detailed hearing.

Admit.

Rule is made returnable after six months.

(Dr. S.N. Pathak, J.) punit/-