Jharkhand High Court
Rana Pratap Singh vs The State Of Jharkhand Through The Chief ... on 29 January, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5125 of 2023
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1. Rana Pratap Singh
2. Bachchu Prasad Singh
3. Md. Shahid Ansari
4. Binod Prasad Singh
5. Ganesh Prasad Singh
6. Narendra Prasad Sah
7. Shyam Prasad Singh
8. Hari Mohan Singh
9. Arun Charan Dwari
10. Bhagirath Singh
11. Janardan Prasad Singh
12. Yadunandan Yadav
13. Sarbanand Singh
14. Jaideo Yadav
15. Lal Mohan Pathak
16. Mahabir Patel
17. Ramakant Prasad Singh
18. Bakhori Singh
19. Gopal Singh
20. Rabindra Nath Pandey
21. Talkeshwar Singh
22. Pancham Rai
23. Lakhan Sharma
24. Sarweshwar Singh
25. Awdhesh Prasad Singh
26. Krishna Prasad Singh
27. Nawal Kishore Pandey
28. Tripurari Pd. Sinha
29. Ramlakhan Prasad
30. Bhairwa Nandan Jha
31. Nand Kishore Singh
32. Dudheshwar Prasad
33. Nagendra Kr. Pathak
34. Mohan Lal
35. Suresh Kumar Jha
36. Surya Vanshi Mahato
37. Md. Aquil Ahmad
38. Misri Prasad
39. Krishna Dev Prasad
40. Ram Babu Ram
41. Ram Rijan Prasad Sah
42. Rameshwar Singh Yadav
43. Badri Narayan Singh
44. Surendra Prasad
45. Nageshwar Thakur
46. Indrajeet Singh
47. Raghubans Prasad Singh
48. Lalan Singh
49. Ramakant Rai
50. Vijay Sharma
51. Rajeshwar Prasad Singh
52. Surendra Kumar Singh
53. Md. Abu Saleh
54. Abdul Kalim
55. Paltu Ram
56. Gopal Lal
57. Jamuna Singh
58. Jitendra Kumar Sinha
59. Madhav Sharma
60. Guna Nand Chaudhary
61. Swadhin Bandopadhyay
62. Binod Kumar Singh
63. Moti Lal Rai
64. Gopal Prasad Singh
65. Nandlal Kapariya
66. Lalan Kumar Ray
67. Ramdeo Yadav
68. Ram Suhawan Prasad
69. Ramanand Singh
70. Bhim Sen Singh ... ... Petitioners
Versus
1. The State of Jharkhand through the Chief Secretary,
Government of Jharkhand, Ranchi
2. The Principal Secretary, Department of Finance,
Government of Jharkhand, Ranchi
3. The Principal Secretary, Department of Transport,
Government of Jharkhand, Ranchi
4. The State of Bihar through Principal Secretary, Department
of Finance, Government of Bihar, Patna
5. Bihar State Road Transport Corporation, Patna through its
Administrator
.... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners : Mr. Rajendra Krishna, Advocate
For the Resp. Nos. 1 to 3 : Mr. Ajit Kumar, A.C. to G.A.-V
For the Resp. No. 4 : Mr. Ranjit Kumar, A.C. to G.A.(Bihar)
For the Resp. No. 5 : Mr. Pankaj Kumar, Advocate
Order No. 05 Dated: 29.01.2024
The present writ petition has been filed for the
following reliefs:
(i) For issuance of direction upon the concerned
respondents to grant the benefits of 5th and 6th pay
revision w.e.f. 01.07.2004 (i.e. after the dissolution of
the Bihar State Road Transport Corporation on
30.06.2004) and 01.01.2006 (i.e. from the date of
implementation of 6th pay revision applicable for other
employees of the State of Jharkhand) respectively in
the light of the judgment dated 29.01.2020 passed by
learned Division Bench of this Court in L.P.A. No. 264
of 2016 and further in view of the fact that the
services of employees of the Corporation stood
absorbed w.e.f. 01.07.2004 as observed by learned
Division Bench in paragraph-22 of the said judgment
passed in L.P.A. No. 264 of 2016 based upon the
observation made by the Hon'ble Supreme Court in its
order dated 24.08.2011 passed in Writ Petition (Civil)
No. 337 of 2001.
(ii) For issuance of direction upon the concerned
respondents to pay the benefits of retirement to the
petitioners after counting their past services right from
the date of their appointment in the Bihar State Road
Transport Corporation as after their absorption by the
State of Jharkhand w.e.f. the date of dissolution of
Corporation on 30.06.2004, they were deemed to be in
the services of Jharkhand State Road Transport
Corporation from the date of their respective
appointments for the purpose of calculation of the
retiral benefits.
(iii) For issuance of direction upon the concerned
respondents to release the arrears of salary to the
petitioners after giving the actual benefits of 5th and 6th
pay revision w.e.f. 01.07.2004 and 01.01.2006
respectively and further to fix the last pay drawn by the
petitioners taking into consideration the 5th and 6th pay
revisional benefits.
(iv) For issuance of direction upon the concerned
respondents to release all the consequential benefits
after fixing the last pay drawn by the petitioners in
terms with 5th and 6th pay revision i.e., the arrears
towards gratuity, unutilized earned leave, pension
(along with arrears of pension from the date of their
respective retirement till the date actual payment is
made).
2. Learned counsel for the petitioners submits that earlier
the petitioners were the employees of Bihar State Road
Transport Corporation and after bifurcation of the erstwhile
State of Bihar, they were absorbed in the State of Jharkhand
and were posted in different districts. The details of their
appointment and retirement along with posts have been given in
paragraph-5 of the present writ petition which read as under:
Sl. Name of Date of Date of Appointed Retired as
No. petitioner appointment retirement as
1. Rana Pratap 1973 31.05.2011 Conductor Conductor,
Singh Dumka
Division
2. Bachchu 31.08.1972 28.02.2010 Conductor Conductor,
Prasad Singh Dumka
Division
3. Md. Shahid 21.09.1981 31.01.2011 Traffic Clerk Traffic Clerk,
Ansari Dumka
Division
4. Binod Prasad 1972 30.11.2010 Store-cum- Store-cum-
Singh Workshop Workshop
Clerk Clerk, Dumka
Division
5. Ganesh Pd. 1970 28.02.2005 Conductor Conductor,
Singh Dumka
Division
6. Narendra Pd. 21.01.1970 31.12.2008 Driver Driver, Dumka
Singh Division
7. Shyam Pd. 1973 31.01.2008 Conductor Conductor,
Singh Dumka
Division
8. Hari Mohan 1975 31.03.2010 Conductor Conductor,
Singh Dumka
Division
9. Arun Charan 17.09.1966 30.10.2007 Store-cum- Storekeeper,
Dwari Workshop Dumka
Clerk Division
10. Bhagirath 09.03.1973 31.01.2009 Traffic Clerk Traffic Clerk,
Singh Dumka
Division
11. Janardan Pd. 01.08.1968 31.08.2004 Conductor Conductor,
Singh Dumka
Division
12. Yadunandan 1976 31.07.2011 Conductor Conductor,
Yadav Dumka
Division
13. Sarbanand 1977 31.07.2011 Traffic Clerk Traffic Clerk,
Singh Dumka
Division
14. Jaideo Yadav 1974 31.07.2010 Conductor Conductor,
Dumka
Division
15. Lal Mohan 28.11.1972 30.09.2007 Conductor Conductor,
Pathak Dumka
Division
16. Mahabir Patel 1988 31.12.2010 Driver, Driver, Dumka
Patna Division
Division
17. Ramakant 09.12.1968 30.11.2004 Storekeeper Storekeeper,
Prasad Singh Dumka
Division
18. Bakhori 09.05.1970 31.05.2009 Conductor Conductor,
Singh Dumka
Division
19. Gopal Singh 1971 30.06.2009 Conductor Conductor,
Dhanbad
Division
20. Rabindra 23.08.1972 31.03.2011 Statistics Statistics Clerk,
Nath Pandey Clerk Dhanbad
Division
21. Talkeshwar 18.08.1980 31.07.2011 Conductor Conductor,
Singh Dhanbad
Division
22. Pancham Rai 19.11.1975 31.07.2010 Conductor Conductor,
Dhanbad
Division
23. Lakhan 1973 28.02.2009 Conductor Conductor,
Sharma Dhanbad
Division
24. Sarweshwar 27.05.1971 31.10.2010 Conductor Conductor,
Singh Dhanbad
Division
25. Awdhesh 05.03.1973 31.07.2011 Conductor Conductor,
Prasad Singh Dhanbad
Division
26. Krishna 1973 30.06.2008 Helper Artigen C,
Prasad Singh Dhanbad
Division
27. Nawal 10.08.1971 31.03.2010 Conductor Conductor,
Kishore Dhanbad
Pandey Division
28. Tripurari Pd. 23.08.1972 31.05.2011 Conductor Conductor,
Sinha Dhanbad
Division
29. Ramlakhan 28.12.1972 31.01.2009 Conductor Conductor,
Prasad Dhanbad
Division
30. Bhairwa 04.04.1981 31.01.2011 Driver, Driver,
Nandan Jha Dhanbad
Division
31. Nand Kishore 28.12.1972 31.12.2010 Conductor Conductor,
Singh Dhanbad
Division
32. Dudheshwar 28.12.1972 30.06.2010 Conductor Conductor,
Prasad Dhanbad
Division
33. Nagendra Kr. 1971 2007 Conductor Conductor,
Pathak Dhanbad
Division
34. Mohan Lal 1974 28.02.2010 Driver, Driver,
Dhanbad
Division
35. Suresh 28.05.1971 31.07.2011 Time Time Keeper,
Kumar Jha Keeper Dhanbad
Division
36. Surya Vanshi 26.12.1970 31.12.2010 Security Security Guard,
Mahato Guard Dhanbad
Division
37. Md. Aquil 1967 30.09.2009 Helper Artigen-C,
Ahmad Dhanbad
Division
38. Misri Prasad 23.12.1970 31.12.2010 Helper Artigen-C,
Dhanbad
Division
39. Krishna Dev 1972 2009 Helper Artigen-C,
Prasad Dhanbad
Division
40. Ram Babu 05.05.1973 30.11.2010 Helper Artigen-C,
Ram Jamshedpur
Division
41. Ram Rijan 20.05.1980 31.05.2009 Accountant Accountant,
Prasad Sah Jamshedpur
Division
42. Rameshwar 25.10.1972 30.11.2009 Conductor Conductor,
Singh Yadav Jamshedpur
Division
43. Badri Narayan 11.02.1970 31.01.2008 Conductor Conductor,
Singh Jamshedpur
Division
44. Surendra 05.06.1972 26.02.2010 Conductor Conductor,
Prasad Jamshedpur
Division
45. Nageshwar 1973 30.06.2008 Conductor Conductor,
Thakur Jamshedpur
Division
46. Indrajeet 1972 30.06.2010 Conductor Conductor,
Singh Jamshedpur
Division
47. Raghubans 1972 2009 Conductor Conductor,
Prasad Singh Jamshedpur
Division
48. Lalan Singh 11.02.1970 30.10.2004 Conductor Conductor,
Jamshedpur
Division
49. Ramakant Rai 02.06.1970 31.01.2010 Conductor Conductor,
Jamshedpur
Division
50. Vijay Sharma 1971 31.05.2007 Conductor Conductor,
Jamshedpur
Division
51. Rajeshwar 1975 30.09.2007 Driver Driver,
Prasad Singh Jamshedpur
Division
52. Surendra 1972 31.07.2009 Conductor Conductor,
Kumar Singh Jamshedpur
Division
53. Md. Abu Saleh 1971 01.01.2011 Conductor Conductor,
Jamshedpur
Division
54. Abdul Karim 1964 31.12.2004 Helper Mechanical
Helper,
Jamshedpur
Division
55. Paltu Ram 11.05.1970 30.09.2008 Conductor Conductor,
Jamshedpur
Division
56. Gopal Lal 14.08.1971 28.02.2009 Conductor Conductor,
Jamshedpur
Division
57. Jamuna Singh 1972 30.11.2010 Conductor Conductor,
Jamshedpur
Division
58. Jitendra 01.05.1971 30.06.2016 Helper Mechanical
Kumar Sinha Helper,
Jamshedpur
Division
59. Madhav 1967 30.04.2009 Helper Helper,
Sharma Jamshedpur
Division
60. Guna Nand 01.10.1981 08.08.2008 Conductor Conductor,
Chaudhary Jamshedpur
Division
61. Swadhin 29.09.1970 31.12.2009 Helper Artigen-C,
Bandopadhyay Jamshedpur
Division
62. Binod Kumar 1972 31.01.2011 Conductor Conductor,
Singh Jamshedpur
Division
63. Moti Lal Rai 27.03.1971 31.03.2009 Conductor Conductor,
Jamshedpur
Division
64. Gopal Prasad 1973 31.01.2005 Conductor Conductor,
Singh Jamshedpur
Division
65. Nandlal 01.10.1967 31.07.2009 Helper Artigen-C,
Kapariya Jamshedpur
Division
66. Lalan Kumar 1975 30.06.2009 Driver Driver,
Ray Jamshedpur
Division
67. Ramdeo 1981 31.05.2011 Driver Driver, Ranchi
Yadav Division
68. Ram Suhawan 15.11.1972 31.01.2010 Helper Artigen-C,
Prasad Ranchi Division
69. Ramanand 1985 27.09.2005 Conductor Conductor,
Singh Ranchi Division
70. Bhim Sen 10.08.1971 30.06.2009 Conductor Conductor,
Singh Ranchi Division
3. Learned counsel for the petitioners further submits that
it would be evident from the aforesaid chart that the petitioners
superannuated from services between 01.07.2004 and
24.08.2011. Therefore, respective cases of the petitioners are
covered by the judgment dated 29.01.2020 passed by learned
Division Bench of this court in L.P.A. No. 264 of 2016 (Yogendra
Mahto & Ors. Vs. The State of Jharkhand & Ors.) as well as
resolution as contained in memo no. 900 dated 12.08.2023
(Annexure-12 to the writ petition) issued under the signature of
Secretary, Department of Transport, Government of Jharkhand,
Ranchi. It is thus submitted by learned counsel for the
petitioners that the present writ petition may be disposed of in
terms with judgment dated 29.01.2020 passed in L.P.A. No. 264
of 2016.
4. Mr. Ajit Kumar, learned A.C. to G.A.-V appearing on
behalf of the respondent nos.1 to 3, accepts the fact that the
present writ petition is covered by the judgment dated
29.01.2020 passed in L.P.A. No. 264 of 2016 as well as
resolution dated 12.08.2023 issued in pursuance thereof by the
Department of Transport, Government of Jharkhand, Ranchi.
5. Since, both the parties agree that the present case is
covered by the judgment dated 29.01.2020 passed in L.P.A. No.
264 of 2016, it is appropriate to quote the relevant part of the
said judgment.
"22. Though we are not in a position to decipher as to how
in the order dated 07.04.2015, it is given that the
petitioners have been absorbed w.e.f. 24.08.2011, but the
plain reading of the order dated 24.08.2011 quoted above
clearly shows that the Hon'ble Apex Court was given to
understand that the services of the employees who were
allocated to the State of Jharkhand, had been duly
absorbed in the State Government, and they were working
with the Transport Department of the State Government,
without any break in service. In that view of the matter,
we are of the considered view that it cannot be said that
the services of the employees were not deemed to be
absorbed after the dissolution of the Corporation on
30.06.2004. For all practical purposes, it has to be held to
be so, otherwise it will only create the anomalous
situation, but this analogy shall also save the State
Government from the anomalous situation stated above.
We accordingly, hold that the services of the employees
shall be deemed to be absorbed soon after the dissolution
of the Corporation on 30.06.2004, i.e., w.e.f. 01.07.2004.
This answers the question posed by us in paragraph 9 of
this Judgement.
23. Having given this finding, now the only question that
remains to be decided is whether the appellants and the
other similarly situated employees of the Corporation were
entitled to get their salary in accordance with the 5 th and
6th Pay Commission recommendations. Admittedly, after
the dissolution of the Corporation w.e.f. 30.06.2004, no
Corporation was created by the State of Jharkhand, and as
held above, the services of the employees stood absorbed
in the State Transport Department w.e.f. 01.07.2004. In
that view of the matter, there cannot be any anomaly
between the salaries which are being paid to the
employees of the State Transport Department and to the
ex-employees of the Corporation on the ground that they
were working in the Corporation and absorbed latter. The
submission of the learned Additional Advocate General
that the employees have been paid all the benefits that
have been paid by the State of Bihar to the employees of
the Bihar State Road Transport Corporation, is of no help
to the State of Jharkhand, inasmuch as, in the State of
Bihar, the Corporation still continues, but in the State of
Jharkhand, the employees are now the employees of the
Transport Department of the State Government and they
are no more the employees of any Corporation or any
corporate body. In that view of the matter, there cannot
be any anomaly in the salaries of the employees inter se,
working in the Transport Department of the State
Government.
24. We find that even in the State of Bihar the employees
had filed a writ application bearing No. 7185 of 2005 and
analogous writ applications, in which it has been held by
the Hon'ble Patna High Court that the petitioners are
entitled to 5th and 6th Pay Revision Committee
recommendations. In the State of Bihar, as pointed out by
the learned Additional Advocate General, the order has
been implemented with effect from the year 2015. But that
is so, in view of fact that the employees in the State of
Bihar are still the employees of the Corporation, and not of
the State Government. That is not the situation here. The
poor economic condition of the State of Bihar, is said to be
the other ground for delayed date of implementation of
the pay scales. On that ground, we cannot deny the
benefits of the 5th and 6th Pay Revision to the appellants or
the other similarly situated employees, even though we
have held that they have to be deemed to be the
employees of the State of Jharkhand, in its Department of
Transport, and there cannot be any pay anomaly between
the employees inter se, of the State Government.
25. We accordingly, hold the appellants and the other
similarly situated employees, entitled to the benefits of 5 th
Pay Revision Committee recommendations w.e.f.
01.07.2004, i.e., after the dissolution of the Corporation on
30.06.2004, and 6th Pay Revision Committee
recommendations from the dates applicable to the other
employees of the State of Jharkhand. The respondent
State is accordingly, directed to calculate the dues of the
appellants and the other similarly situated employees,
including their retiral dues accordingly, and to make the
payment of all their dues, including the retirement
benefits, positively within a period of six months from
today.
26. For the foregoing reasons, the impugned Judgment
dated 08.03.2016 passed by the Writ Court in W.P.(S) No.
2115 of 2015 and W.P.(S) No.2382 of 2015, cannot be
sustained in the eyes of law, and the same is accordingly,
set aside.
27. This L.P.A. is accordingly, allowed with the directions
and observations as above. The pending Interlocutory
Applications also stand disposed of."
6. The petitioners have also annexed the copy of
resolution as contained in memo no. 900 dated 12.08.2023
issued by the Department of Transport, Government of
Jharkhand, Ranchi, which, according to them, has been issued
after dismissal of S.L.P., review petition as well as curative
petition preferred by the State of Jharkhand challenging the said
order of L.P.A. No. 264 of 2016. According to the petitioners, the
services of the employees of the Corporation, who were working
between 01.07.2004 and 24.08.2011, have been regularized and
the benefits of 5th and 6th pay revision have also been granted
vide aforesaid resolution dated 12.08.2023.
7. Having heard learned counsel for the parties and
considering that the issue raised in the present writ petition is
covered by the judgment dated 29.01.2020 passed in L.P.A. No.
264 of 2016 as well as resolution as contained in memo no. 900
dated 12.08.2023 issued by the Department of Transport,
Government of Jharkhand, Ranchi, the respondent no. 3- the
Principal Secretary, Department of Transport, Government of
Jharkhand, Ranchi, is directed to grant the benefits of 5th and
6th pay revision to the petitioners with effect from respective
dates as mentioned in paragraph-25 of the said judgment and
to calculate their dues including the retiral benefits as well as
to make payment of the same within three months from the
date of receipt/production of a copy of this order.
8. The writ petition is accordingly disposed of with
aforesaid direction.
Ritesh/ (Rajesh Shankar, J.)
