Rishi Kumar Tiwari vs State Of Jharkhand
2023 Latest Caselaw 1404 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P.(S). No. 1689 of 2015
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Rishi Kumar Tiwari ............ Petitioner Versus

1. State of Jharkhand

2. Commissioner-cum-Secretary, Human Resource Department, Ranchi.

3. Director, Secondary Education, Human Resource Department, Ranchi.

4. Regional Dy. Director of Education, Daltonganj.

5. District Education Officer, Garhwa.

6. Accountant General (A&E), Govt. of Jharkhand, Ranchi.

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

CORAM: THE HON'BLE DR. JUSTICE S.N.PATHAK For the Petitioner : Mr. Subodh Kr. Pandey, Advocate For the Resp. : Mr. A.K. Dubey, AC to GP-III Dr. A.K. Singh, Advocate Mr. Shivam Singh, Advocate Mr. Prabhat Kumar, Advocate

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05/ 29.03.2023 Petitioner has approached this Court with a prayer for direction upon the respondents to grant two increments of salary to the petitioner in view of order passed by the Hon'ble Apex Court in case of State of M.P. & Anr. Vs. Badrinarayan Acharya & Ors., reported in (1996) 10 SCC 271.

At the very outset, learned counsel for the petitioner submits that suffice it would be if a direction is given to the petitioner to file fresh representation for redressal of his grievances and upon receipt of the same, respondents may be directed to pass reasoned order on his representation within a stipulated period of time.

On the other hand, learned counsel appearing for the respondents very fairly submits that if this Court directs the petitioner to file fresh representation before the respondent-authorities, the respondents shall pass reasoned order on the same.

In view of the fair submissions of the learned counsel for the parties, I hereby direct the petitioner to file fresh representation annexing all the relevant documents on which he is relying, within a period of two weeks from the date of receipt of a copy of this order and after receiving the same alongwith the copy of this order, the

respondents, shall consider the same in accordance with law, taking into consideration the judgment passed by Hon'ble Apex Court in case of State of M.P. & Anr. Vs. Badrinarayan Acharya & Ors. (supra) and thereafter pass a speaking and reasoned order, within a further period of eight weeks, which shall also be communicated to the petitioner.

It goes without saying that if the petitioner is found entitled for the benefits, as prayed for, the same may be extended to him within a further period of four weeks.

With these observations and directions, this writ petition stands disposed of.

Let it be made clear that this Court has not entered into the merits of the case.

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