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Jharkhand High Court · body

2019 DIGILAW 1118 (JHR)

Satish Chandra Pathak v. State of Jharkhand

2019-06-13

SANJAY KUMAR DWIVEDI

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JUDGMENT : 1. Heard the learned counsel for the parties. 2. In this writ application the petitioner has prayed for direction upon the respondents to fix the pay scale of the petitioner at the appropriate stage in the Super Selection Grade Pay Scale in compliance of the Finance Department's Resolution No. 6022 dated 18.12.1989 by which as per terms of Para 13(V), 20% of teachers of Nationalized High Schools working in the Senior Pay Scale of Rs. 2000-3500 were to be promoted in the Super Selection Pay Scale of Rs. 2200-4000 with effect from 1.1.1986 3. Mr.P.Gangop-adhyaya, the learned counsel for the petitioner submits that pay scale of the petitioner has wrongly been fixed . Earlier the petitioner moved before this Court by filing an application numbered as C.W.J.C No. 2147 of 2000(R) for grant of payment of retirement benefits as also the benefits by granting Super Selection Grade Scale which was disposed of vide order dated 9.1.2002 with direction to the petitioner to file fresh representation before respondent no.2 within two weeks of this order 4. The learned counsel for the State submits that after his superannuation he was granted selection pay scale of Rs. 2200-4000 vide order dated 29.12.2001. He also submits that on perusal of pay fixation chart of 1.10.1997 in pay scale Rs. 7500-12000 it is amply clear that the pay of the petitioner was fixed Rs. 11750 and on 1.1.1998 it because Rs. 12000/- on the basis of scale fixation petitioner's pension has already been revised by the Accountant General Jharkhand through memo no. Pen 03027 and 3030 dated 25.9.2003 and the same has been communicated to all the concerned including the petitioner. 5. In view of the fact disclosed by the State it transpires that pay scale of the petitioner has already been fixed 6. Having heard the learned counsel for the parties and after going the case records, this court finds that retirement benefits has already been given to the petitioner and pay scale of the petitioner has already been fixed and earlier the order relates to payment of retirement benefits as also the benefit by granting Super Selection Grade Scale has been passed in favour of the petitioner in C.W.J.C No. 2147 of a 2000(R) on 9.1.2002 ,no order need be passed in this petition. 7. Accordingly, this writ petition stands dismissed.