Rajiya Khatun vs The State Of Jharkhand And Ors
2024 Latest Caselaw 4850 Jhar

Jharkhand High Court

Rajiya Khatun vs The State Of Jharkhand And Ors on 3 May, 2024

Author: Deepak Roshan

Bench: Deepak Roshan

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P. (S) No. 4239 of 2018
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            Rajiya Khatun                                               ...Petitioner
                                           Versus
            The State of Jharkhand and Ors.                         ...Respondents
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         CORAM:            Hon'ble Mr. Justice Deepak Roshan
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            For the Petitioner     : Mr. Nand Kishore Pd. Sinha, Advocate

For the Respondents : Mr. Praveen Akharuri, S.C.(Mines)-I Mr. Dina Kant Roy, A.C. to S.C.(Mines)-I Mr. Ranjit Kumar, J.C. to G.A. (Bihar)

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11/03.05.2024 The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to pay the salary of Rs.2650-4000/- form 01.01.1996 and in 1st ACP salary of Rs.2750-4400/-, in 2nd ACP salary of Rs.3050-4590/- and in MACP salary may be fixed of Rs.5200-20200/- and with grade pay of Rs.2000/-, 2400/- and 2800/- w.e.f. 01.01.1996, but financial benefit from 01.04.2007 and on that basis gratuity, pension, unutilized earned leave and salary may be paid with statutory interest.

2. Mr. N.K.P. Sinha, learned counsel for the petitioner submits that the issue involved in this writ application has been decided by co-ordinate Bench of this Court in the batch of writ application that is Jharkhand Police Men's Association vs. State of Jharkhand and Ors. in W.P.S. No. 1820 of 2017 with analogous cases and submits that the case of the petitioner is similar to the petitioners of the above referred case. As such, this case should also be disposed of in the line of direction given in the said case.

3. Learned counsel for the respondent does not object the aforesaid contention and fairly submits that the judgment passed in the case of Jharkhand Police Men's Association (supra) is squarely applicable to the instant case and several other orders has also been passed pursuant to that case. As such, the instant writ application may be disposed of in the line of the aforesaid judgment.

4. In view of the aforesaid submissions made by learned counsel for the parties, and after perusing the order passed by the co-ordinate Bench of this Court in Jharkhand Police Men's Association (supra); the instant writ

application is hereby disposed of by directing the petitioner to file a fresh representation along with relevant documents before the respondent No.2 within a period of six weeks. If any such representation is filed before the respondent No.2, the same shall be disposed of in the light of order passed in the case of Jharkhand Police Men's Association vs. State of Jharkhand and Ors. in W.P.S. No. 1820 of 2017 within a period of 12 weeks from the date of receipt of the representation and if any monetary benefit which will accrue pursuant to the passing of the reasoned order, the same shall be paid within a further period of eight weeks.

5. As a result, the instant writ application is disposed of. Pending I.A., if any, also stands closed.

(Deepak Roshan, J.) vikas/-