Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 706 (JHR)

Mukund Singh v. State Of Jharkhand

2018-04-02

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. – Grievance of the petitioners is directed against order dated 30.05.2011 by which they were directed to clarify basis for their claim for payscale of Rs. 50008000 w.e.f 01.01.1996. 2. In W.P.(S) No. 4061 of 2004 the petitioners made two fold prayers; grant of payscale of Rs. 50008000 w.e.f 01.01.1996 and refund of the amount recovered from them on the ground of excess payment made to the petitioner nos. 1 and 2. The Writ Court by an order dated 18.02.2009 directed the respondents to refund Rs. 29,056/ to petitioner no.1 and Rs. 63,392/ to the petitioner no.2; no recovery was effected from petitioner no.3. By this order, question of recovery on the ground of excess payment made to the petitioners stood concluded. This order was challenged by the State of Jharkhand in L.P.A No. 431 of 2009, which was dismissed by an order dated 11.04.2011. Pursuant to order dated 18.02.2009 the petitioners submitted a representation to the Deputy Commissioner, Ranchi, who by the impugned order dated 30.05.2011 has issued the aforesaid notice to the petitioners. 3. In the counteraffidavit the respondents have placed reliance on resolution dated 08.02.1999 to contend that w.e.f 01.01.1996 the scheme of timebound promotions and selection grades were abolished and the appointees were to receive salary in their existing payscale. 4. Be that as it may, the petitioners at no point in time raised a grievance with respect to order dated 18.02.2009 passed in W.P.(S) No. 4061 of 2004. The contempt case filed by them stood disposed of observing that the respondents have already refunded the amount recovered from petitioner nos. 1 and 2. Order passed in Contempt Case (Civil) No. 425 of 2009 does not reflect grievance of the petitioners in respect of payscale of Rs. 50008000. The petitioner no.1 superannuated from service on 31.12.2001, petitioner no.2 on 31.01.2004 and the petitioner no.3 retired from service on 30.11.2000. Only when recovery of excess payment made to them was made, they came to this Court and raised an additional grievance in respect of grant of payscale of Rs. 50008000. In the present proceeding the petitioners have placed reliance on orders dated 23.10.2001 and 25.07.2003 to contend that they were already granted payscale of Rs. 50008000 and benefits under the Accelerated Career Progression scheme. 50008000. In the present proceeding the petitioners have placed reliance on orders dated 23.10.2001 and 25.07.2003 to contend that they were already granted payscale of Rs. 50008000 and benefits under the Accelerated Career Progression scheme. These facts were already before the Writ Court in the proceeding of W.P.(S) No. 4061 of 2004 and while so, no adjudication is required in the present proceeding and it is held that the matter must stand concluded by the order of the Writ Court in W.P.(S) No. 4061 of 2004. Accordingly, the notice issued to the petitioners vide impugned order dated 30.05.2011 is quashed. 5. The writ petition stands disposed of.