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2025 DIGILAW 694 (JHR)

Kishore Prasad v. State of Jharkhand

2025-02-28

RAJESH SHANKAR

body2025
ORDER : (RAJESH SHANKAR, J.) 1. Learned counsel for the petitioner submits that the deponent of the supplementary show cause affidavit dated 12 th February, 2025, namely, Ram Niwas Yadav is presently holding the post of Director, Higher Education, Government of Jharkhand, Ranchi. Therefore, he may be permitted to add the deponent of the said supplementary show cause affidavit as opposite party no.4. 2. Permission is accorded. 3. Necessary insertion in the cause title of the present contempt case be made by the counsel for the petitioner in course of the day. 4. Mr. Ajit Kumar, learned A.C. to G.A.V, while referring to the letter no.213 dated 4 th February, 2025 issued by the opposite party no.4 to the opposite party no.3 (Annexure-A to the show cause affidavit dated 12 th February, 2025 filed) submits that in compliance of the order dated 21 st November, 2023 passed by this Court in W.P.(S) No.5153 of 2018, revised pay scale of the petitioner as per 5 th pay revision has been approved as Rs.2750-4400/- with effect from 1 st January, 1996. Accordingly, the pay scale of Rs.5200-20200 + Grade Pay of Rs.1800/- as per 6 th pay revision with effect from 1 st January, 2006 and the corresponding pay scale as per 7 th pay revision with effect from 1 st January, 2016 have been approved and communicated to the opposite party no.3 to do the further needful. 5. As against this, learned counsel for the petitioner refers to the relevant paragraphs of the rejoinder affidavit dated 25 th February, 2025 filed on behalf of the petitioner, which read as under:- “6. That with regard to the statements made in para-6 to 9 of the supplementary show-cause, it is humbly stated and submitted that the pay fixation of the petitioner enclosed with letter dated 4.2.2025 as contained in Annexure-A to the said show-cause reveals that the petitioner’s pay fixation is made against the post of Lab. Boy, which is not as per the direction given by this Hon’ble Court in its order dated 21.11.2023 passed in W.P.(S) No.5153 of 2018. 7. Boy, which is not as per the direction given by this Hon’ble Court in its order dated 21.11.2023 passed in W.P.(S) No.5153 of 2018. 7. That this Hon’ble Court vide order dated 21.11.2023 passed in W.P.(S) P.(S) No.5153 of 2018 has specifically directed the respondent no.3 (opposite party no.2 herein) to take appropriate decision with respect to fixation of pay scale of the petitioner against the suitable Class-III post within the time mentioned in the said order, besides other observations and directions given in the said order. 8. That it is humbly stated and submitted that the opposite party no.2 instead of complying with the order dated 21.11.2023 in its letter and spirit, is trying to mislead this Hon’ble Court by making fixation of pay of the petitioner against the post of Lab Boy which is not a Class-III post, rather it is a Class-IV post. 9. That in the aforesaid context petitioner is annexing some documents which would reveal that the post of Lab Boy is Class-IV post. In this regard petitioner is annexing a copy of provisional pay fixation dated 23.8.2011 of non-teaching Class- IV staff in revised scale of pay w.e.f. 01.01.1996 earlier made by the H.R.D. Higher Education Department, Government of Jharkhand wherein the petitioner’s name found place at serial no.1 showing his designation Lab Boy. The said pay fixation was already a subject matter of the writ application, as contained in Annexure-7 of the writ application and prayer for rectification of the same was made by the petitioner in the aforesaid writ application being W.P. (S) No.5153 of 2018. However, petitioner is annexing the same along with this affidavit for ready reference.” 6. Having heard learned counsel for the parties and considering the supplementary show cause affidavit dated 12 th February, 2025 filed on behalf of the opposite party no.4 as well as the rejoinder affidavit dated 25 th February, 2025 filed on behalf of the petitioner and the content of letter no.213 dated 4 th February, 2025, this Court is of the view that by issuing the said letter, the said opposite party has tried to circumvent the aforesaid order of this Court. 7. 7. Under the said circumstance, let a notice of contempt be issued to the opposite party no.4 in Form-1 of High Court of Jharkhand Rules, 2001 calling upon as to why a proceeding for contempt of this Court be not initiated against him and appropriate order be not passed for non-compliance of the dated 21 st November, 2023 passed by this Court in W.P.(S) No.5153 of 2018. The petitioner shall take steps for service of notice through ordinary process for which requisites etc. must be filed by 3 rd March, 2025. 8. It goes without saying that the opposite party no.4 may re-visit letter no.213 dated 4 th February, 2025 before the next date of listing of the case. 9. Put up this case under the heading “For Admission” on 28 th March, 2025. 10. Opposite party no.4 shall remain physically present before this Court on the next date fixed.