Bhushan Khalkho, son of late Junas Khalkho v. State of Jharkhand through the Secretary to the Government, Human Resources Development Department, Ranchi
2018-03-22
S.N.PATHAK
body2018
DigiLaw.ai
JUDGMENT : The petitioners have approached this Court with a prayer for directing the respondents, particularly, respondent No. 3 to re-fix their pay admissible on 01.01.1996 in light of revised pay-scale introduced by the State Government vide resolution No. 2315 dated 20.08.2007 (Annexure-7) after adding/quantifying amount of interim relief and teaching allowance. 2. The facts of the case as has been delineated in the writ petition is that the petitioners, having the requisite qualifications, were appointed on different posts in different years in Lutheran High School, Gumla. Hence, the petitioner has preferred the instant writ application for redressal of her grievances. It is the case of the petitioners that the State Govt. vide resolution dated 22.12.1981 decided to maintain complete parity between the two sets of teachers i.e. Government Nationalized High School and Government Recognized Aided Minority High School in the matter of extending pay-scales and also payment of other allowances. Thereafter, vide resolution dated 18.12.1989, the State of Bihar (now Jharkhand) has decided that the Headmasters of Middle School and Teachers of High School and Headmaster of +2 School shall be entitled for payment of teaching allowance @ Rs.100/- per month and Headmasters of High School and +2 School shall be entitled for payment of teaching allowance @ Rs.150/- per month from 01.03.1989. Thereafter, vide different resolutions, interim relief in terms of monitory benefits were granted to the petitioners and others. It is the further case of the petitioner that the Secretary to the Government, Human Resources Development Deptt., Govt. of Jharkhand vide resolution dated 20.08.2007 accepted and adopted the government’s resolution No. 660 dated 08.02.1999 and also revised the pay-scale of teaching and non-teaching staffs of Govt. Recognized Minority Schools w.e.f. 01.01.1996. Thereafter, vide letter dated 26.09.2007 an instruction was issued by the Govt. regarding fixation of pay in revised pay-scale and it has also been directed that the District Level Pay Fixation will be done by the respective District Education Officers and District Account Officers. The State of Jharkhand, Department of Human Resources Development, vide resolution dated 01.12.2008 after adopting the earlier Government Resolution dated 20.02.1990 of erstwhile State of Bihar has also decided to add 50% DA in the basic pay for the purpose of making payment of DA, House Rent, Medical Allowance, etc.
The State of Jharkhand, Department of Human Resources Development, vide resolution dated 01.12.2008 after adopting the earlier Government Resolution dated 20.02.1990 of erstwhile State of Bihar has also decided to add 50% DA in the basic pay for the purpose of making payment of DA, House Rent, Medical Allowance, etc. and the age of retirement of State of Minority Schools has also enhanced from 50 years to 60 years and they have also been given the benefit of scheme of ACP w.e.f. 09.08.1999. However, the respondents contrary to the government’s decision, fixed the petitioner’s pay in revised pay-scale w.e.f. 01.01.1996 without adding the amount of teaching allowance and amount of interim relief and soon after the knowledge of the same, the petitioners have approached the respondent No. 3 for re-fixation of their pay after adding the amount of teaching allowance and inter relief in the light of government’s decision but the respondent No. 3 has not considered the matter and hence, the instant petition has been preferred by the petitioners for redressal of their grievances. 3. At the very outset, learned counsel for the petitioners submits that this writ application is squarely covered by the order dated 21.04.2017, passed by this Hon’ble Court in W.P.(S) No. 4284 of 2016 (Shrawan Kumar Pathak & Ors. Vs. State of Jharkhand & Ors.). Learned counsel further submits that this case may be disposed of in terms of order passed in the aforesaid case. 4. Though no counter-affidavit has been filed on behalf of the respondents but learned counsel appearing on behalf of the respondents very fairly submits that as the issues involved in this writ petition has already been decided by this Hon’ble Court in its order passed in W.P.(S) No. 4284 of 2016 (Shrawan Kumar Pathak & Ors. Vs. State of Jharkhand & Ors.) and he has no objection if the present writ petition is disposed of in view of order passed in above mentioned case. 5. Be that as it may, without entering into the merits of the case, I hereby direct the respondent-authorities to verify the factual aspects/issue involved in the present writ petition vis-a-vis factual aspects/issue involved in W.P.(S) No. 4284 of 2016 (Shrawan Kumar Pathak & Ors. Vs.
5. Be that as it may, without entering into the merits of the case, I hereby direct the respondent-authorities to verify the factual aspects/issue involved in the present writ petition vis-a-vis factual aspects/issue involved in W.P.(S) No. 4284 of 2016 (Shrawan Kumar Pathak & Ors. Vs. State of Jharkhand & Ors.) and if the facts/issues involved in the present writ petition is found to be similar to the writ petition mentioned above, the same benefits may be extended to the present writ petitioners also, in accordance with law, within a period of six weeks from the date of receipt/production of a copy of this order. 6. With the aforesaid observations, this writ petition stands disposed of. Petition disposed of.