Amita Ekka vs State Of Jharkhand
2022 Latest Caselaw 2112 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P.(S). No. 2348 of 2021
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    Amita Ekka                                         ............           Petitioner
                                       Versus
    1. State of Jharkhand

2. The Additional Chief Secretary, Department of Home, Govt. of Jharkhand, Ranchi.

3. The Principal Secretary, Department of Finance, Govt. of Jharkhand, Ranchi.

............ Respondents

CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK For the Petitioner : Mr. Rishikesh Giri, Advocate For the Respondents : Mr. Neel Abhijit Toppo, AC to SC-VII

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05/ 09.06.2022 The petitioner, who superannuated from service as Principal Probation Officer, has approached this Court with a prayer for a direction upon the respondents to pay Grade Pay of Rs.6600 (pay scale Rs. 15,600- 39,100) with effect from 1.1.2006, in the light of the judgment delivered in the case of Birendra Giri & Anr. Vs. State of Jharkhand & Ors (L.P.A. No. 48 of 2019).

At the very outset, Mr. Rishikesh Giri, learned counsel for the petitioner submits that the issue involved in this writ petition has already been decided by the Division Bench Hon'ble Court in L.P.A. No. 48 of 2019 (Birendra Giri & Anr. Vs. State of Jharkhand & Ors.) vide order dated 8.2.2021 and the case of the petitioner is squarely covered by that judgment. Learned counsel for the petitioner further submits that this writ petition may also be disposed of in terms of the order passed in L.P.A. No. 48 of 2019, granting similar benefits to the present petitioner also.

Though counter-affidavit has been filed by the respondents but learned counsel appearing on behalf of the respondents very fairly submits that the respondents has no objection if this writ petition is disposed of in terms of the aforesaid case.

In view of fair submissions of the learned counsel for the parties and considering the facts that similar issue has already been decided by this Court in L.P.A. No. 48 of 2019 with detailed order and since this writ

petition is also covered by the said decision, the same is being disposed of in terms of orders passed therein.

Accordingly, in view of aforesaid judicial pronouncement, the case of the present petitioner should also be considered. Accordingly, the petitioner is directed to file a fresh representation before the respondent concerned, who shall disposed of the representation taking into consideration the judgment delivered in the case of Birendra Giri & Anr. Vs. State of Jharkhand & Ors (L.P.A. No. 48 of 2019) and take a decision in this regard and if the case of the petitioner is found to be same and similar to that of petitioner in L.P.A. No. 48 of 2019, similar relief may be granted to the present writ petitioner also in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

Needless to say that if the petitioner is not found entitled for the same, a reasoned order will be passed and communicated to the petitioner, within a further period of two weeks.

Resultantly, the writ petition stands disposed of.

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