Udai Pratap Singh, S/o. Late Manoranjan Singh v. State of Jharkhand
2025-04-29
DEEPAK ROSHAN
body2025
DigiLaw.ai
JUDGMENT : Learned counsel for the petitioner seeks permission of this Court to make necessary correction in the cause-title of the instant writ application. 2. Permission is accorded. 3. He is directed to make necessary correction in course of the day with red ink. 4. The instant writ application has been preferred by the petitioner praying for following reliefs:- (A) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents to refix the pension of the petitioner in terms of 7 th revision of pay scale to the tune of Rs.58,825/- in place of Rs.27,000/- as other similarly situated persons who have been made headmaster by way of promotion after being retired, all are getting the pension in revised pay scale as per 7 th revision of pay scale i.e. at Rs.58,825/- but only the petitioner has been discriminated by the respondents because he had moved the Hon'ble High Court earlier for redressal of his grievances; (B) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents as per 7 th revision of pay scale as per the Jharkhand Government Finance letter dated 18.1.2017 the pension has been revised who are getting the pension previously at 2.57% will be added as per old pension, hence the basic pension Rs.15000 x 2.57 will come to Rs.38,500/- which further includes 50% DA which comes to Rs.19,250/- and Rs.1,000/- for medical and the total amount comes to Rs.58,825/- which the petitioner is entitled and the other similarly situated persons are getting; (C) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents to reconsider the case of the petitioner as other similarly situated are getting the pension but petitioner is being discriminated for the reason best known to the respondent authorities. 5. Learned counsel for the petitioner very fairly submits that since similarly situated employees are getting the same benefits for which the petitioner has claimed and as such, the instant application may be disposed of by directing the 4 th respondent to look into the matter and grant the similar benefits to this petitioner. 6. Learned counsel for the respondents submits that since no counter-affidavit has been filed, as such, the petitioner may be directed to file a fresh representation. 7.
6. Learned counsel for the respondents submits that since no counter-affidavit has been filed, as such, the petitioner may be directed to file a fresh representation. 7. Having regard to the submissions made by learned counsel for the parties and looking to the averments made in the instant writ application, the same is hereby disposed of by directing the 4 th respondent to treat this writ petition as representation and take a decision in the matter in accordance with law and applicable rules and regulations by passing speaking and reasoned order within a period of 12 weeks. It goes without saying that if the petitioner would be found entitled for the benefits as prayed, the same shall be extended to him within a further period of four weeks. The petitioner is also directed to serve a copy of this writ application to the 4 th respondent as early as possible, so that his grievance may be decided.