Jharkhand High Court
The State Of Jharkhand vs Ganesh Ram on 22 September, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
2025:JHHC:29322-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 355 of 2025
1. The State of Jharkhand
2. The Principal Secretary, Water Resources Department, Government
of Jharkhand, At- Nepal House, Doranda, P.O. and P.S.-Doranda,
District-Ranchi. ... ... Appellants
Versus
1. Ganesh Ram, aged about 46 years, S/o. Shri Kali Ram, Resident of
Osho Enclave, Bariyatu, P.O. & P.O.- Bariyatu, District- Ranchi.
2. The Accountant General, Jharkhand, Ranchi, P.O.-Hinoo, P.S.-
Doranda, District- Ranchi. ... Respondents
---------
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
---------
For the Appellants : Mr. Ajit Kumar, A.C. to G.A.-V
For the A.G. : Mrs. Oishi Das, Advocate.
---------
02/Dated: 22.09.2025
I.A. No. 4981 of 2025
1. For the reasons stated in this Interlocutory Application, which is
duly supported by an affidavit filed by the officer of the appellants, we
find sufficient cause to condone the delay of 194 days that has crept up
in filing the Appeal.
2. Accordingly, the aforesaid delay is condoned. This Interlocutory
Application stands disposed of.
3. We really wonder why the State has filed the instant appeal given
the fact that it was the State itself which is aggrieved that the issue
involved in the instant lis was squarely covered by the judgment
rendered by this Court in W.P. (S) No. 6618 of 2013, case titled Chanda
Hembrom v. The State of Jharkhand & Ors., wherein, this Court while
dealing with several judgments of different Courts allowed the prayer of
the petitioner therein, who like the writ petitioner (respondent herein) had
-1 of 3-
2025:JHHC:29322-DB
discharged the duties of Superintending Engineer with effect from
24.07.2007 till 16.09.2009 and the post of the Chief Engineer with effect
from 17.09.2009 till 26.11.2019, but was paid the scale of the Executive
Engineer without any annual increment or consequential benefits. The
appellants herein, had in fact not even disputed that the issue raised in
this case was squarely covered by the judgment in Chanda Hembrom
case (supra), as would be evident from paras 3 and 5 of the order
passed by the learned writ Court, which reads as under : -
"3. Learned counsel for the respondents does not dispute the
aforesaid fact and fairly submits that the issue involved in this case
was already decided in the aforesaid case as such the instant case
will be decided on the similar line after verification of record.
4. ...... .... ....
5. It has been submitted by learned counsel for the parties that
the said order has been affirmed up till Hon'ble Apex Court.
Accordingly, the instant writ application is disposed of by directing
the respondent no.2 to look into the matter and pass an appropriate
order for payment of difference of salary for the period 24.07.2007
till 16.09.2009 (working as Superintending Engineer on in-charge
basis) and for the period 17.09.2009 till 26.11.2019 (working as
Chief Engineer on in-charge basis) and make payment thereof.
The entire exercise shall be completed within a period of 16
weeks from the date of receipt/production of copy of this order."
4. In such circumstances, obviously, the learned writ Court was
absolutely correct in directing the appellants herein, to look into the
matter and pass appropriate orders for payment of difference of salary
for the period 24.07.2007 till 16.09.2009 (when respondent No. 1 was
working as Superintending Engineer on in-charge basis) and for the
period from 17.09.2009 till 26.11.2019 (when respondent No. 1 was
-2 of 3-
2025:JHHC:29322-DB
working as the Chief Engineer on in-charge basis) and make payment
thereof along with all consequential benefits.
5. Accordingly, we find no merit in this appeal and the same is
dismissed. However, we need to clarify that this would be subject to the
appellants verifying the correctness and veracity of period so specified
by the writ petitioner (respondent No. 1 herein).
6. Pending Application, if any, stands disposed of.
(Tarlok Singh Chauhan, C.J.)
(Rajesh Shankar, J.)
22.09.2025
N.A.F.R.
APK/VK
-3 of 3-
