Jharkhand High Court
Jharkhand Abhiyojan Seva Sangh vs State Of Jharkhand Through Its ... on 7 October, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2721 of 2020
Jharkhand Abhiyojan Seva Sangh
(Jharkhand Prosecution Service Association),
through its President, Mrs. Mini Lakra. .... .... Petitioner
Versus
1. State of Jharkhand through its Chief Secretary, Ranchi.
2. The Principal Secretary,
Planning-cum-Finance Department, Ranchi.
3. The Additional Chief Secretary,
Department of Home, Prison and
Disaster Management Department, Ranchi.
4. The Principal Secretary, Personnel,
Administrative Reforms and Rajbhasha Department, Ranchi.
.... .... Respondents
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CORAM : HON'BLE MR. JUSTICE DR. S.N. PATHAK
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For the Petitioner : M/s R.R. Mishra & Arbind Kumar, Advs.
For the Respondent-State : Mr. Rishi Ranjan, AC to SC-III
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5 / 07.10.2021 Heard the parties.
2. The petitioner- Jharkhand Prosecution Service Association,
has approached this Court for direction commanding upon the
respondents to sanction the pay scale of 8000-13500 to its members, at
par with the pay scale granted to the State Services employees in view of
Resolution No. 3589 dated 17.12.2007.
3. At the very outset, Mr. R.R. Mishra, learned counsel
appearing for the petitioner submits that similar issue fell for
consideration before this Court in W.P.(S) No. 799 of 2009, decided on
19.12.2017 in the case of Brahma Nath Sharma & Another Vs. State of
Jharkhand & Ors, wherein, this Court has held as under:-
"After hearing the respective parties at length and giving
my anxious consideration to the documents on record and
upon going through the decision rendered by this Court
reported in 2016 (4) JLJR (Anand and Ors. Vs. The State
of Jharkhand & Ors.), I am of the considered view that the
petitioners are entitled to the benefit as has been extended
in the decision reported supra. Accordingly, the respondent
authorities are directed to grant and sanction the pay scale
of Rs. 8000-13500/- to the petitioners like other State
Services employees in accordance with the decision of the
State Government in resolution dated 17.12.2007 as
contained in Annexure-6 to the writ petition, whereby the
benefit of pay scale of Rs. 8000-13,500/- was given to the
officers of the State Services, notionally with effect from
15.11.2000 and actual benefits with effect from 1.3.2007
with all consequential benefits with retrospective effect
from the same dates. The respondents are further directed
to issue the pay slip in the revised scale to the petitioners.
The aforesaid exercise be implemented positively within a
period of three months from the date of communication of
the order."
4. Learned counsel for the petitioner submits that even when
the order passed by this Court in W.P.(S) No. 799 of 2009 was not
complied with and no pay slips in the upgraded scale were issued in
favour of the petitioners of that writ petition, Cont. Case (Civil) No. 392
of 2018 was filed and thereafter only the order was complied with by the
respondent-State by issuance of Resolution No. 2553 dated 26.9.2019.
5. Learned counsel further submits that in another similar
matter, one Hirday Kumar also moved this Court in W.P.(S) No. 4006 of
2008, and the same was also allowed. Thereafter the respondent-State
challenged the said order passed by the writ Court before the Division
Bench of this Court in L.P.A. No. 61 of 2010 and the same was also
dismissed by order dated 30.9.2010. The respondent-State thereafter
went to the Hon'ble Apex Court of India in Special Leave to Appeal
(Civil) CC No. 4461 / 2011, which was also dismissed in one line order.
6. Learned counsel submits that said Brahma Nath Sharma,
Digvijay Mani Tripathi, who were petitioners in W.P.(S) No. 799 of 2009
and Hriday Kumar, who was petitioner in W.P(S) No. 4006 of 2008, are
the members of Jharkhand Prosecution Service Association. Learned
counsel argues that in view of the Notification dated 17.12.2007 and in
the light of the orders and directions passed by this Court, affirmed up to
the Hon'ble Supreme Court of India, the members of petitioner, who are
Assistant Public Prosecutors, Additional Public Prosecutors and Public
Prosecutors, are also entitled for the pay scale of Rs.8000-13500/- as per
5th Pay Revision, like other State Services employees as per the
Government Resolution dated 17.12.2007, notionally with effect from
15.11.2000 and actual benefits with effect from 01.03.2007 with all
consequential benefits.
7. On the other hand, referring to paragraph-6 of the counter
affidavit, learned counsel appearing on behalf of the respondent-State
very fairly submits that issue involved in this writ petition is squarely
covered by the order / judgment passed by this Court in W.P.(S) No. 799
of 2009 (Brahma Nath Sharma & Another Vs. State of Jharkhand &
Ors.).
8. Be that as it may, having gone through the submissions of
the parties and upon perusal of the records of the case, this Court is of
the considered opinion that the issue involved in this writ petition is no
more res interga and the same has been decided by this Court in the case
of Brahma Nath Sharma & Another (supra) and Hriday Kumar
(supra), affirmed up to the Hon'ble Apex Court. In such circumstances,
I hereby direct the respondent State to grant and sanction the pay scale
of Rs. 8000/-13500/- to the members of the petitioner's Association also
as per 5th Pay Revision, like other State Services employees in view of
Government Resolution No. 3589 dated 17.12.2007 (Annexure-1 to the
writ petition) in accordance with law and consequently, issue pay slip in
the revised scale to the members of the petitioner. Let the entire
exercises be completed positively within a period of three months from
the date of receipt/ production of a copy of this order.
9. With the aforesaid observations, this writ petition stands
allowed.
(Dr. S. N. Pathak, J.)
R.Kr.
