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2018 DIGILAW 2544 (JHR)

Pradip Kumar Panday, S/o Shiv Shankar Pandey v. State of Jharkhand

2018-11-26

SUJIT NARAYAN PRASAD

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ORDER : 1. At the outset, learned counsel for the petitioners seeks permission of this Court to allow him to implead Home Secretary, State of Jharkhand as respondent No.7, since he, being the necessary party could not be impleaded as respondent. 2. Considering the submission, petitioner is permitted to implead Home Secretary, State of Jharkhand as respondent No.7. 3. This writ petition has been preferred for issuance of a direction upon the respondent-authorities to disburse payment of arrear of salary on account of 6th Pay Revision Committee in view of memo No.3309P dated 29.12.2010 issued by Home (Special) Department, Bihar, Patna. 4. The case of the petitioners, in brief, is that they have been allocated provisional cadre to the State of Jharkhand in the light of the provision of Bihar Reorganisation Act, 2000 and thereafter in view of the provision of Section 72 of Bihar Reorganisation Act, 2000 their final allocation of cadre order has been passed whereby and whereunder they have been allocated finally the cadre of the existing State of Bihar and in view thereof they have been relieved by the State of Jharkhand vide order dated 31.12.2010 to report to the existing State of Bihar with effect from 01.11.2011. 5. The grievance of the petitioners, in this background is that they are entitled to get the benefit of revisional pay scale by the State of Jharkhand in the light of the recommendation made by 6th Pay Revision Committee and therefore, in pursuance thereof the State of Jharkhand has come out with a decision as contained in memo No.3309P dated 29.12.2010 issued by the Home (Special) Department, Bihar, Patna. The petitioners, in the light of the aforesaid memo No. 3309P dated 29.12.2010 although, have been paid the arrears of revised pay scale in the light of the recommendation of 6th Pay Revision Committee by making payment of the arrears of higher scale with effect from 01.04.2007 to 31.08.2008 which as per the decision taken by the State of Jharkhand has to be paid in two installments i.e. 40% arrear will be paid presently and rest 60% will be paid in the next financial year i.e. 2009-10, but the arrears since has not been paid inspite of the representation made by the petitioner before the competent authority, they having no option have filed the instant writ petition. 6. 6. The respondent has filed counter affidavit as well as supplementary counter affidavit stating inter-alia therein that the petitioners are entitled to get the arrear of revised pay scale with effect from 01.04.2007 to 31.08.2007 in two installments i.e. 40% will be paid presently and rest 60% will be paid in the next financial year 2009-10 as per the provision contained in Column 16 (Kha) and 16(Ga), the arrears of revised pay scale with effect from 01.01.2006 to 31.03.2007 will be paid in two installments i.e. 50% is payble in the financial year 2010-11 and rest 50% is payable in the financial year 2011-12. The petitioner although has been paid the arrears in consequence of the revision of pay by virtue of its recommendation of 6th Pay Revision Commission but not paid up to the date the petitioners have discharge their duty in the State of Jharkhand. 7. Learned counsel appearing for the respondents by placing reliance upon paragraph no.11 and 12 of the counter affidavit and the supplementary counter affidavit has fairly submitted that the petitioners are entitled to get the arrears of revised pay scale after the order of final allocation of cadre to the existing State of Bihar from the date when they have been relieved from their duty from the State of Jharkhand and since the petitioners have been relieved from the State of Jharkhand with effect from 31.12.2010 and as such, their case is required to be considered by the authority in the light of the assertion made in the counter affidavit. 8. In view of such submission made on behalf of respondents, this writ petition is disposed giving liberty to the petitioners to file fresh representation individually before the Secretary, Home Department, Government of Jharkhand giving therein all details including the statement made by the respondents in paragraph No.11 and 12 of the counter affidavit within a period of three weeks from the date of receipt of copy of the order, in consequence upon if the concerned respondent will take decision regarding the claim of the petitioners within a period of six weeks from the date of its receipt. 9. 9. It is made clear that if it is found that the grievance of the petitioners is genuine, the consequential monetary benefit shall be disbursed in favour of the petitioners within a period of three weeks from the date of taking decision, however, if the claim of the petitioners is rejected on any ground whatsoever, the concerned respondent shall pass speaking order which shall be communicated to the individual petitioners within a period of four weeks from the date of decision. 10. With the aforesaid direction, this writ petition stands disposed of. Appeal disposed.