Jharkhand High Court
Awadhesh Kumar Sharma vs The State Of Jharkhand Through The ... on 4 March, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1795 of 2023
1. Awadhesh Kumar Sharma, aged about 69 years, son of Late
Musafir Sharma, resident of Sindri, P.Ο. & P.S. - Sindri, District -
Dhanbad.
2. Ghanshyam Sharma, aged about 72 years, son of Late Bishun
Sharma, resident of Sindri, P.O. & P.S. - Sindri, District - Dhanbad.
... ... Petitioners
Versus
1. The State of Jharkhand through the Principal Secretary, Higher,
Technical Education & Skill Development Department, Government
of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S.-
Doranda, District - Ranchi.
2. The Principal Secretary, Finance Department, Government of
Jharkhand, having its office at Project Building, Dhurwa, P.O. & P.S.-
Dhurwa, District - Ranchi.
3. The Director, Higher, Technical Education & Skill Development
Department, Government of Jharkhand, having its office at Nepal
House, Doranda, P.O. & P.S. - Doranda, District - Ranchi.
4. The Principal, B.I.T. Sindri, P.O. & P.S. - Sindri, District -
Dhanbad.
5. The Accountant General, Jharkhand, P.O. & P.S. - Doranda,
District - Ranchi. ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioners : Mr. Rahul Kumar, Advocate
For the State : Mr. Abhinay Kumar, AC to GA-I
For Accountant General : Mrs. Richa Sanchita, Advocate
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05/04.03.2024 Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs:
"(a) For issuance of direction upon the respondent authorities to extend
equitable benefits to the petitioner as has been allowed with respect to
the petitioners of W.P.(S) No. 2785/2019 and W.P.(S) No. 6789/2019 in
relation to extending the notional benefits of service from 09.12.1986
and for also extending the monetary benefits in terms of the judgment.
And/Or
(b) The petitioners consequently pray for revision of the pay scale on
account of confirmation of their services w.e.f. 9.12.1986 and to
consequently pay the arrears of salary to the Petitioner.
And/Or
(c) The petitioners upon revision of the pay scale further pray for a
direction upon the respondent authorities to re-compute the entire
retiral benefits of the petitioners and to release the same with
consequential arrears of difference of pension, gratuity and leave
encashment."
3. Learned counsel for the petitioners submits that the respondents
have already taken a policy decision in their favour vide decision
contained in Memo No. 198 dated 27th February 2024 and he submits
that names of the petitioners are figuring in the list of beneficiaries
arising out of the said policy decision and the respondents are only
required to act as per their own policy decision.
4. Learned counsel for the respondents has submitted that a
counter-affidavit has been filed in the present case indicating that the
petitioners were fence-sitters. However, he submits that if a policy
decision has been taken, he has nothing to say.
5. After hearing the learned counsel for the parties and
considering the submissions made by the learned counsel for the
petitioners, without commenting upon the applicability of the policy
decision on the petitioners, this Court is of the view that if a policy
decision has been taken in favour of the petitioners as claimed by the
petitioners , no further order is required to be passed in the present
case.
6. Accordingly, this writ petition is disposed of.
7. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Pankaj
