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2018 DIGILAW 1386 (JHR)

Pattar Hessa v. State Of Jharkhand

2018-07-02

S.N.PATHAK

body2018
JUDGMENT S. N. Pathak, J. - The petitioner has approached this Court with a prayer for a direction upon the respondents to grant Grade-I SCALE to him from date of joining and consequently fix his seniority from the date of his initial appointment and grant him subsequent grades reckoning the Grade-I scale from the date of his joining with all consequential benefits. Further prayer has been made for a direction upon the respondents to extend the benefits of Resolution as contained in Memo No. 3027 dated 14.12.2015 to the petitioner and to grant of arrears of difference of salary, which may accrued on account of pay re-fixation and also to fix the revised pension on enhanced pay scale. 2. At the very outset, learned counsel for the petitioner submit that as the issue involved in this writ petition is now no more res integra and this writ application is squarely covered by the order passed on 14.12.2017 by this Hon''ble Court in W.P.(S).No.502 of 2016 along with other analogous cases. Learned counsel further submits that this case may be disposed of in terms of orders passed in the aforesaid cases. 3. Per contra counter-affidavit has been filed on behalf of the respondent No.8., whereas counter-affidavit on behalf of the respondent-State has not been filed as yet. However, learned counsel appearing on behalf of the respondents very fairly submits that issues involved in this writ petition has already been decided by this Hon''ble Court in W.P.(S).No.502 of 2016 along with other analogous cases and if the case of the petitioner is found same and similar to the cases of the petitioners in W.P.(S).No.502 of 2016 along with other analogous cases, the present petitioner is also entitled for the same benefits. 4. In view of the fair submissions made by the learned counsel for the parties, this writ application is being disposed of in terms of the directions issued by this Hon''ble Court in W.P.(S).No.502 of 2016 along with other analogous cases and if the case of the present petitioner is found same and similar to the cases of the petitioners in W.P.(S).No.502 of 2016 along with other analogous cases, the present petitioner is also entitled for the same benefits. 5. 5. Accordingly, I hereby direct the respondents-authorities to verify the factual aspects/ issues involved in the present writ petition vis--vis factual aspects/ issues involved in W.P.(S).No.502 of 2016 along with other analogous cases and if the facts/ issues involved in the present writ petition is found to be similar to the aforementioned writ petitions, the same benefits may be extended to the present writ petitioner also, in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. Thereafter, the respondents are further directed to re-fix the pension of the petitioner on the basis of enhanced payscale, if eligible. 6. With the aforesaid observations, this writ petition stands disposed of.