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2025 DIGILAW 1234 (JHR)

Rehana Haidari, W/o. Late Rafique Ahmad Haidari v. State of Jharkhand represented through Secretary, Department of Agriculture, Animal Husbandry and Cooperative Development

2025-04-29

DEEPAK ROSHAN

body2025
JUDGMENT : 1. Heard learned counsels for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: (i) For issuance of an appropriate writ/writs, order/orders, direction/directions for quashing of part of para 6 and 7 of notification contained in Memo No. 2075/Ranchi dated 02.09.2024 issued by the Secretary of Government of Jharkhand (Annexure-10) whereby and whereunder it has been observed that benefit has been allowed to the employees of agriculture subordinate (Category 01 to 09) as 1st ACP 6500-10500/- and 2nd ACP 10000-15200/-will not be treated as a precedent. (ii) Upon quashing part of para 6 and 7 of notification contained in Memo No. 2075/Ranchi dated 02.09.2024 issued by the Secretary of Government of Jharkhand (Annexure-10) further be pleased to issue an appropriate writ/writs, order/orders, direction/directions upon the respondent no.1 to grant 1st ACP 6500-10500/-and 2nd ACP 10000-15200/- in favour of the petitioners with all consequential benefits. 3. At the outset, learned counsel for the petitioner submits that this writ application may be disposed of by directing the 4th Respondent to re-visit with the order and take a decision with regard to the grievance raised in this writ application. He further submits that similar issue has already been decided by this Court in W.P. (S) 889 of 2014 and further affirmed in L.P.A. No.142 of 2018 with analogous cases and later on, affirmed by the Hon’ble Supreme Court in S.L.P (C) Diary No. 35431 of 2023. 4. Learned counsel for the respondents fairly submits that since no counter affidavit has been filed; as such, the petitioner may be directed to file fresh representation before the concerned authority. 5. Having regard to the fair submissions made by the learned counsels for the rival parties and without going into the merits of the case, the instant writ application, is hereby, disposed of by directing the 4th Respondent to treat this writ application as representation and take a decision in the matter in accordance with law and applicable rules and regulations. It goes without saying that the order shall be passed keeping in mind the order passed by this Court which has been affirmed by the Appellate Court and also the case of the respondents has been dismissed by the Hon’ble Apex Court. It goes without saying that the order shall be passed keeping in mind the order passed by this Court which has been affirmed by the Appellate Court and also the case of the respondents has been dismissed by the Hon’ble Apex Court. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of copy of this order and any monetary benefit, which will accrue pursuant to the passing of the fresh order, shall be paid to this petitioner within a further period of six weeks. The petitioner is directed to serve the copy of this petition along with this order to the 4th Respondent as early as possible, so that his grievance can be settled soon. 6. With the aforesaid observations and directions, the instant writ application stands disposed of. Pending IAs, if any, also stands closed.