Citation : 2026 Latest Caselaw 473 Jhar
Judgement Date : 29 January, 2026
2026:JHHC:2351
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.7873 of 2025
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1. Ram Bhagat, son of Shibu Bhagat, resident of Village Khakhsi
Toli, P.O. Irgaon, P.S. Kairo, District Lohardaga.
2. Sanjeet Kujur, son of Babula Kujur, resident of Village Hatma,
Saraitand, P.O. Ranchi University, P.S. Lalpur, District Ranchi.
3. Arun Kerketta, son of Tairas Kerketta, resident of Village Chirna,
P.O. Kakargarh, P.S. Kuru, District Lohardaga.
4. Niranjan Hansda, son of Ranjan Kishore Hansda, resident of
Village Rangamati, Lohar Basti, P.O. & P.S. Sindri, District
Dhanbad.
5. Manjesh Kujur, son of late Zag Awatar Kujur, resident of Village
Pithra, Saru Toli, P.O. Pithra, P.S. and District Simdega.
6. Vinod Kumar Baski, son of Khanan Chandra Baski, resident of
Village Baliya Maithon Dam, P.O. & P.S. Nirsa Chirkunda, District
Dhanbad.
7. Ramakant Bhagat, son of Late Hiralal Bhagat, resident of Village
Merho, P.O. Korambe, P.S. Senha, District Lohardaga.
8. Rijhu Oraon, son of Madho Oraon, resident of Anganwadi, near
Masjid, Ulatu, P.O. Kumhariya, P.S. Pithoria, District Ranchi.
9. Manoj Kumar Keshri, son of Bishnu Charan Mahto, resident of
Village Binsaidih, P.O. Janumpirih, P.S. Tamar, District Ranchi.
10. Dilip Kumar Marandi, son of Rathindra Nath Marandi, resident
of Village Banshgari, P.O. Galgaltand, P.S. Chandankiyari,
District Bokaro.
... ... Petitioners
Versus
1. The State of Jharkhand, through Chief Secretary, having its
office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District
Ranchi.
2. Principal Secretary, Department of Personnel, Administrative
Reforms and Rajbhasha, Government of Jharkhand, Project
Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
3. Principal Secretary, Water Resources Department, Government
of Jharkhand, having its office at Nepal House, Doranda, P.O. &
P.S. Doranda, District Ranchi.
4. Principal Secretary, Department of Finance, Government of
Jharkhand, Project Building, Dhurwa, P.O. & P.S. Dhurwa,
District Ranchi.
... ... Respondents
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Ashim Kr. Sahani, Advocate For the Respondent(s): Mr. Kishore Kr. Singh, SC-V
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2026:JHHC:2351
03/ 29.01.2026
By filing this writ petition, the petitioners have prayed
for the following reliefs:-
"For issuance of an appropriate writ in the nature of mandamus commanding upon the respondents to grant and disburse the difference of the pay scale for the post of Assistant Engineer and Junior Engineer, for the period from 25/03/2022 to 26/09/2025, in respect of petitioners no. 1 to 7, 9 and 10 and for the period from 25/03/2022 to 30/12/2023 in respect of the petitioner no. 8, with interest at the rate of 10% for performing their duties on the said higher post."
2. Heard learned counsel representing the petitioners and
learned counsel representing the respondents.
3. On the last date i.e. 08.01.2026, Mr. Ashim Kr. Sahani,
learned counsel representing the petitioners submitted that on the
facts and law, this case is covered by the order dated 07.08.2019
passed by a Coordinate Bench of this Court in the case of
Baneshwar Rabidas Vs. The State of Jharkhand & Anr.
[W.P.(S) No.5196 of 2018]. On his submission, this Court had
directed learned counsel representing the respondent - State to
seek instruction and inform this Court as to whether the case is
covered by the aforesaid case of Baneshwar Rabidas (supra), or
not.
4. Today, Mr. Kishore Kr. Singh, learned SC-V representing
the respondent - State, while referring to Letter No.332 dated
22.01.2026 which was addressed to him by the Under Secretary,
Government of Jharkhand, submits that the case of these
2026:JHHC:2351
petitioners is covered by the order passed by this Court in the case
of Baneshwar Rabidas (supra). He also submits that these
petitioners are still in service whereas Baneshwar Rabidas had
already superannuated, thus 10% interest was granted and in this
case since the petitioners are still working, they are not entitled for
10% interest on the amount.
5. At this stage learned counsel Mr. Ashim Kr. Sahani,
submits that his clients are also not claiming interest on the
amount.
6. Considering the submission of learned counsel
representing the parties, since it is an admitted fact that this case
is governed by the order passed by a Coordinate Bench of this Court
in the case of Baneshwar Rabidas Vs. The State of Jharkhand
& Anr. [W.P.(S) No.5196 of 2018], I direct the respondents to
pay the difference of salary for the posts of Assistant Engineer and
Junior Engineer for the period 25.03.2022 to 26.09.2025, in respect
of petitioner Nos.1 to 7, 9 and 10, and for the period 25.03.2022 to
30.12.2023 in respect of petitioner No.8, as granted in the case of
Baneshwar Rabidas (supra), but with a rider that the petitioners
are not entitled for any interest over the same. The amount should
be paid within a period of eight weeks from the date of receipt of
copy of this order.
7. With the aforesaid observation and direction, this writ
petition stands disposed of.
(ANANDA SEN, J.)
29th January, 2026 Prashant. Cp-2 Uploaded on 04.02.2026
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