Jharkhand High Court
Biplab Kumar Ghosh vs The State Of Jharkhand on 6 May, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1550 of 2023
Biplab Kumar Ghosh, aged about 65 years, Son of Late Bishwanath
Ghosh, R/o Abdul Aziz Road, Pather Chapti Madhupur, P.O. & P.S.
Madhupur, District Deoghar, Jharkhand, PIN-815353.
... ... Petitioner
Versus
1. The State of Jharkhand
2. Jharkhand Urja Vikas Nigam Limited through its Chairman-Cum-
Managing Director, having its registered office at Engineering
Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi.
3. The General Manager (Administration), Jharkhand Urja Vikas
Nigam Limited, having its registered office at Engineering Bhawan,
HEC Campus P.O. & P.S. Dhurwa, District Ranchi.
4. The Deputy General Manager (Administration), Jharkhand Urja
Vikas Nigam Limited, having its registered office at Engineering
Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi.
5. The Dy. Director (Personnel), Electric Supply Area Board, Dumka,
P.O. & P.S. Dumka, District Dumka.
6. The General Manager, HRD, Jharkhand Bijli Vitran Nigam
Limited, having its registered office at Engineering Bhawan, HEC
Campus P.O. & P.S. Dhurwa, District Ranchi.
... ... Respondents
---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
For the Petitioner : Mr. Shubham Sinha, Advocate
For the Respondents : Ms. Deepika Jojowar, AC to SC-VI
For the JUVNL : Mr. B.B. Sinha, Advocate
---
04/06.05.2024 Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs:
"(i) For issuance of a Writ of Certiorari or any other appropriate
writ/order/direction for quashing/setting aside the Office Order No.
235 dated 06.11.2007 [Annexure-2] issued by the Respondent No. 05
for pay fixation of the Petitioner on being promoted as Head Clerk
after illegal and arbitrary deduction of three advance increments
which has resulted in reduction of pay contrary to and in violation of
Rule 78(a)(i) of the Bihar/Jharkhand Service Code, which mandates
that on promotion to higher post the pay has to be fixed at a level
higher than the existing substantive pay in the lower post;
(ii) For issuance of a Writ of Mandamus compelling/directing the
Respondents to ensure pay protection of the Petitioner and for re-
fixation of pay, pension and gratuity and to pay the differential
amount with all arrears under each of these heads and also grant the
monetary benefits 3rd Modified Assured Career Progression (MACP)
and any other consequential benefits to the Petitioners as has been
directed in the case of Ishwari Prasad Mandal vs. Jharkhand State
Electricity Board in W.P.(S) No. 6166/2008, which has been affirmed
and upheld by the Hon'ble Supreme Court.
(iii) For issuance of any other writ, order or direction that may be
incidental to or connected with any or more of the reliefs sought for
hereinabove or for doing conscionable justice to the Petitioner."
3. Learned counsel for the petitioner submits that though the
matter is defective, but the case is squarely covered by order passed by
this Court in W.P.(S) No. 1117 of 2023 and analogous cases, wherein
a batch of writ petitions has been dismissed vide order dated 28th
February 2024.
4. The learned counsel for the petitioner has submitted that this
writ petition be also dismissed in the same terms.
5. Learned counsel for the respondents has no objection to the
prayer made.
6. Paragraphs 11 to 14 of the order passed in W.P.(S) No. 1117 of
2023 and analogous cases are quoted as under:
"11. Learned counsel for the parties jointly submit that similar
issue as involved in the present case was subject matter of
consideration in L.P.A. No. 497 of 2023 which has been decided
against the present petitioners vide judgment dated 12.02.2024.
12. The learned counsel for the petitioners has submitted that these
writ petitions be disposed of in terms of order passed in L.P.A. No.
497 of 2023. He submits that the writ petitioners who were involved
in L.P.A. No. 497/2023 have taken a decision to file Special Leave
Petition and therefore the petitioners shall also avail the legal
remedies, but as of now the case stands covered against the present
petitioners by order passed in L.P.A. No. 497/2023 which has been
dismissed .A copy of the order passed in the writ petition which
was subject matter of L.P.A. being W.P. (S) No. 1119/2023 with
other analogous cases has been produced before this Court. The
said writ petitions were dismissed on account of delay and latches.
13. Since W.P. (S) No. 1119/2023 with other analogous cases,
wherein similar issue was involved as that of the present cases,
have been dismissed against which the aforesaid L.P.A. No. 497 of
2023 has also been dismissed, the present writ petitions are also
dismissed in terms of the order passed in W.P. (S) No. 1119/2023
with other analogous cases.
14. Pending I.A., if any, is closed."
7. Accordingly, with the consent of the parties this writ petition is
also dismissed in the same terms as W.P.(S) No. 1117 of 2023 and
analogous cases.
(Anubha Rawat Choudhary, J.)
Pankaj
