(Sudhir Narayan Dwary & Ors. vs The State Of Jharkhand & Ors.)
2022 Latest Caselaw 3344 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(S) No. 2589 of 2020
    (Sudhir Narayan Dwary & Ors. Versus The State of Jharkhand & Ors.)
                             With
                        W.P.(S) No. 3454 of 2020
       (Madhu Kumar Rai & Ors. Versus The State of Jharkhand & Ors.)
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CORAM : HON'BLE MR. JUSTICE DR. S.N. PATHAK

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For the Petitioners : M/s R.R. Mishra, Gaurav Abhishek & Arbind Kumar, Advocates For the Respondents : Mr. Aditya Raman, AC to GA-III Ms. Shreshtha Mehta, AC to SC-II

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8/ 23.08.2022 It has been submitted by Mr. R.R. Mishra, learned counsel appearing for the petitioners that the respondents have tried to categorize the cases of employees, who have either died or retired. Learned counsel submits that the said contention of the respondents is impermissible in the eyes of law. Fortify with the judgment of the Hon'ble Apex Court reported in (1983) 1 SCC 305, learned counsel submits that there cannot be any class within class.

Learned counsel representing the State submits that if the case of these petitioners is considered, it will open flood gate for releasing the benefits.

However, said contention of learned counsel for the State is not acceptable to this Court.

Respondents are directed to file fresh affidavit in the light of the aforesaid observation within a period of two weeks.

Put up these cases on 14.09.2022 along with W.P.(S) No. 1572 of 2022.

(Dr. S. N. Pathak, J.)

R.Kr.