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2018 DIGILAW 1856 (JHR)

Shrikant Prasad Suman @ Shrikant Suman v. State Of Jharkhand

2018-08-14

PRAMATH PATNAIK

body2018
JUDGMENT Pramath Patnaik, J. - Prayer has been made for quashing office order dated 20.10.2011, so far it relates to the petitioner, whereby selection grade granted to the petitioner along with others were cancelled and order for recovery of excess payment was also passed; and further prayer has been made to direct the respondents to forthwith pay the arrears of salary from 01.04.1997 to 14.11.2000 and 50 % arrears arising out of implementation of 6th pay revision for the employees of State of Jharkhand and also to pay the TA and DA for the period from January, 2011 to April, 2011 and from July, 2011 to September, 2011 as well as to give increments in pay-scale for the year 2011. 2. Heard Mr. Ravi Kumar Singh, learned counsel for the petitioner and Mr. Vishal Kumar Rai, A.C to learned S.C. IV for the respondents-State. 3. After some argument, learned counsel for the petitioner submitted that case of the petitioner is squarely covered by the decision rendered in the case of Sanat Kumar Das Vs. The State of Jharkhand & Ors passed in W.P. (S) No. 149 of 2012 vide order dated 12.12.2017 as the same office order was subject matter in W.P. (S) No. 149 of 2012 and the Hon''ble Court after thorough discussions quashed the same and also ordered for refund of the amount and directed for payment of other admissible dues. 4. Learned counsel for the respondents-State submitted that he has gone through the decision rendered in W.P. (S) No. 149 of 2012 and conceded to the fact that case of the petitioner is squarely covered by the decision rendered in W.P. (S) No. 149 of 2012. 5. In view of the specific averments made by learned counsel for the parties, it would be apposite to dispose of the writ application in the light of order passed W.P. (S) No. 149 of 2012. Accordingly, impugned office order dated 20.10.2011 is quashed and set aside, so far it relates to petitioner and the recovered amount, if any, also be refunded to the petitioner. Respondents are further directed to make payment of arrears of salary and arrears of 6th Pay Revision and other admissible dues, if any within a period of twelve weeks from the date of receipt/production of copy of this order. 6. With the aforesaid observations and directions, the writ application stands disposed of.