Lalji Prasad Sinha And Ors vs The Heavy Engineering ...
2023 Latest Caselaw 1979 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                  W.P.(S) No. 5418 of 2012

                  Lalji Prasad Sinha and Ors.              ...     ...   Petitioners
                                           Versus
                  The Heavy Engineering Corporation Limited and Ors.
                                           ...      ...      Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioners : Mr. Saurabh Shekhar, Advocate : Mr. Anurag Kumar, Advocate For the Respondents : Mr. Shashank, Advocate

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12/08.05.2023 Learned counsel for the parties are present.

2. Learned counsel for the petitioners has submitted that all the petitioners have retired from the services of the respondents way back in the year 2002 and as per the circular as contained in Annexure - 2 which is dated 14.10.2008, the revised scale of pay as on 01.01.1997 has been mentioned in the Circular and the fixation of pay in the revised scale of pay has been directed to be made as per para - 2 of the Circular. However, the actual payment in the revised scale of pay has been directed to commence from 18.09.2008. Learned counsel submits that at least the notional pay revision should have been fixed w.e.f. 01.01.1997 which will have an impact on the terminal benefit of the petitioners. Such fixation will have impact in notional revision of last pay drawn. Learned counsel has submitted that some of the employees were given the benefit from May, 2006. He has relied upon a judgment passed by Hon'ble Supreme Court reported in 2023 SCC Online 100 (Maharashtra State Financial Corporation Ex - Employees Association and Ors. Vs. State of Maharashtra and Ors).

3. Post this case for further hearing on 17.05.2023.

4. Learned counsel for the petitioners submits that he shall seek instruction as to whether the petitioners will insist on arrears of salary for the period from 1997 till the date of retirement.

(Anubha Rawat Choudhary, J.) Saurav/