Jharkhand High Court
Akhileshswar Ram vs The State Of Jharkhand on 27 January, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(S) No. 1421 of 2024
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Akhileshswar Ram, son of late Jagat Ram, r/o village and PO-Kauwal, PS
Chhatarpur, District Palamau. ... Petitioner(s).
Versus
1. The State of Jharkhand
2. Principal Secretary, Water Resources Department, Government of
Jharkhand, Nepal House, PO and PS Doranda,Ranchi
3. Accountant General, Jharkhand, Ranchi, PO: Hinoo, PS: Doranda,
District Ranchi. ... Respondent(s).
CORAM :SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Ashim Kumar Sahani, Advocate
For the Respondents : Mr. Anil Kumar Singh, AC to GP-1;
Ms. Richa Sanchita, Advocate
......
08 /27.01.2025:
Heard the learned counsel for the parties.
2. The petitioner in this writ petition is claiming for difference of
pay and allowances for the period he had worked as Executive
Engineer in the Water Resources Department, Government of Jharkhand.
3. Admittedly, the petitioner was promoted in the year 1995 as
Assistant Engineer. Vide notification dated 27.12.2003; he was
deputed as Executive Engineer which is a promotional post.
Admittedly no regular promotion was given but he was directed to
perform the work of Executive Engineer. He joined on the said post
on 17.1.2004 and discharged his duties till 30.6.2014 when he was
again repatriated to his parent substantive post that is the Assistant
Engineer.
4. Admittedly he worked from 17.1.2004 to 30.6.2014 as Executive
Engineer but he has not been paid the difference of salary and other
allowances for the aforesaid period. A similar issue was framed for
consideration of this Court in WP(S) No. 5196 of 2018. Considering
the several judgments of the Hon'ble Supreme Court, this Court held
that the petitioner is entitled to get difference of salary for the period
he had worked in the higher post.
5. The aforesaid order is at Annexure-4 of this writ petition.
Paragraph Nos. 11 & 12 of the said order read as under:
"11. Rules 58 and 74 of the Jharkhand Service Code is not accepted
to this Court as it is not applicable in the instant case. The said
Rules talks of the benefits given to an employee in case of notional
promotion and thus the arguments advanced by learned counsel for
the respondents is not accepted by this Court. Admittedly, petitioner
has discharged his duties to the said post which is not disputed by
the respondent authorities at any point of time. In the instant case
also, petitioner discharged his services till the age of
superannuation. It is not a case that the posting was for a particular
period and it was a term posting and as such petitioner was not
entitled for any salary of the posting. Petitioner continued to serve to
the post till the age of his retirement and as such he is entitled for
promotional benefits i.e. the pay scale for the post he was holding till
date of his retirement.
12. As a sequel of aforesaid Rules, Guidelines and judicial
pronouncements, I hereby direct the respondent no. 1 - Principal
Secretary, Department of Water Resources, Government of
Jharkhand to consider case of the petitioner as there is no dispute
that petitioner has discharged his duties holding the aforesaid posts
till the date of his superannuation. Respondents are further directed
to assess the difference of salary and also to fix pension by way of
last pay drawn holding the post of Chief Engineer and not the post of
Executive Engineer. The entire calculation shall be made within a
period of eight weeks from the date of receipt/ production of a copy
of this order."
6. The aforesaid judgment of this Court was tested by the State in
Letters Patent Appeal No. 735 of 2019 which was dismissed and so
was the Special Leave to Appeal No. 4104 of 2022 filed before the
Hon'ble Supreme Court.
7. Considering the aforesaid judgment and the fact which has not
been denied by the State that this petitioner has worked in the higher
post for a long period i.e. from 17.1.2004 to 30.6.2014, more than ten
years, I hold that the petitioner is also entitled to get the difference of
salary and other allowances for the aforesaid period i.e. from
17.1.2004 to 30.6.2014.
8. The respondent No.2, Principal Secretary, Water Resources
Department, Government of Jharkhand is directed to calculate the
monetary benefit which the petitioner is entitled to receive, on
account of performing in the higher post and pay the same to the
petitioner within a period of eight weeks from the date of production
of the copy of this order.
9. This writ petition stands allowed.
(ANANDA SEN, J.)
KNR
