Shankar Prasad Keshari, S/o Late Sukhdeo Prasad v. Suman Jee, S/o Late Jai Prakash Prasad
2025-01-13
S.N.PATHAK
body2025
DigiLaw.ai
JUDGMENT : S. N. PATHAK, J. Heard the parties. 2. Pursuant to the order dated 10.01.2025, Kripa Nand Jha, Principal Secretary, Transport Department, Government of Jharkhand was present at 10:30 in the morning along with a copy of the affidavit. The Principal Secretary, Transport Department, Government of Jharkhand very candidly submitted that employees of the Transport Department who are admittedly Government servants, are getting pay and other emoluments at par with the other Government servants in the State of Jharkhand, are also entitled for all the consequential benefits but from the date of their absorption i.e., 01.07.2004. It was further submitted by the Principal Secretary that the petitioners shall also be extended all the benefits as per their entitlements. He further submitted that they are in the process of compliance of order of the Court and in view of order and direction of this Court, the affidavit is ready and crave leave to file the same. The Principal Secretary further prayed for leave of the Court after filing of the affidavit in view of personal involvement in other matters of the Government. 3. In view of fair submission on behalf of Principal Secretary, Transport Department, leave is granted and his personal appearance is hereby dispensed with. 4. On the last date of hearing i.e. 10.01.2025, in course of hearing, Mr. Rajiv Ranjan, learned Advocate General assisted by Mr. Sachin Kumar, learned AAG representing State very fairly submitted that an affidavit shall also be filed after taking the informed decision regarding payment of benefits as per their entitlements, the same has been filed today itself. 5. Perused the affidavit filed by the State. It would be apt to quote para-21 of the affidavit filed today, which reads as under: “21. That with regards to the payment of ACP/MACP to the absorbed employees, it is humbly stated and submitted that all the government circulars and resolutions are applicable to the absorbed employees after 01.07.2004 and they are entitled under the same.” 6. The petitioners are claiming benefits as per the order passed by this Court in W.P.(S). No.277 of 2018 and other analogous cases, particularly paragraph No. 21 thereof, which reads as under: “21. As a sequitur of the aforesaid rules, guidelines and judicial pronouncements, I am of the considered opinion that the petitioners are entitled for pension taking into consideration the past service rendered by them.
No.277 of 2018 and other analogous cases, particularly paragraph No. 21 thereof, which reads as under: “21. As a sequitur of the aforesaid rules, guidelines and judicial pronouncements, I am of the considered opinion that the petitioners are entitled for pension taking into consideration the past service rendered by them. Benefits accruing to the petitioners by virtue of their earlier services be also given to them within a period of three months from the date of receipt of a copy of this order.” 7. Time and again, these cases have been listed and only on the pretext that the entire benefits in terms of order dated 19.12.2019, passed in W.P.(S). No.277 of 2018, particularly Paragraph No. 21 thereof, has not been extended, cases were taken up on several occasions and were adjourned for compliance. 8. From perusal of the show-cause/affidavit filed by the State and the submission of Principal Secretary of the Department before this Court in presence of learned Advocate General and learned Additional Advocate General, it appears that State is also ready to pay the benefits as admitted by the Principal Secretary himself. Very honestly and candidly, the State has come out with show- cause/affidavit clearly mentioning therein that all the benefits as per entitlements and in terms of order and direction of the Court, shall be extended to the petitioners but from the date of their absorption i.e.01.07.2004 of the employees of the Transport Department. 9. After hearing the learned counsel for the parties at length, this Court had passed the order which has been affirmed up to the Hon’ble Apex Court. The specific observation of this Court was never interfered by the Hon’ble Apex Court to the effect that “ petitioners are entitled for pension taking into consideration the past service rendered by them. Benefits accruing to the petitioners by virtue of their earlier services be also given to them within a period of three months from the date of receipt of a copy of this order ” . The other contentions regarding ACP and MACP benefits, increments and leave encashment etc. has to be paid to the petitioners as they are entitled for the same. Admittedly, nowhere it was mentioned by this Court that they are entitled for the benefits from a particular cut-off date.
The other contentions regarding ACP and MACP benefits, increments and leave encashment etc. has to be paid to the petitioners as they are entitled for the same. Admittedly, nowhere it was mentioned by this Court that they are entitled for the benefits from a particular cut-off date. Cut of date fixed by the respondents regarding calculation of the arears is in complete contravention of the order passed by this Court which itself is contemptuous. This Court, while passing the order, never fixed any cut-off date rather, this Court was of the considered view that they are entitled for the past services as reflected at paragraph-21 of the Judgment dated 19.12.2019 (quoted hereinabove). The order of this Court was further clarified by a Co-ordinate Bench of this Court while sitting over the contempt matters on 03.11.2023, which reads as under: “5. On perusal of the order dated 19.12.2019, passed in W.P.(S) No. 277 of 2018 and other analogous cases, particularly paragraph no. 21 of the same, it is evidently clear that pension of the petitioners was required to be fixed taking into consideration the past services rendered by them, meaning thereby that if they were having particular salary structure when their services were placed in the State of Jharkhand, the said salary structure was to continue with addition of increment (if any), till they retired from service.” 10. From perusal of the Judgment dated 19.12.2019 passed in W.P.(S). No. 277 of 2018 and other analogous cases, particularly Paragraph No. 21 thereof, it is evidently clear that pension of the petitioners was required to be fixed taking into consideration the past services rendered by them. Meaning thereby. if they were having particular salary structure and when their services were placed in the State of Jharkhand, the said salary structure was to be continued with addition of increments, if any, till they are retired. The same was never disputed at any point of time by the State. 11. In view of the show-cause/affidavit filed by the State, it is evident that they had agreed to grant the benefits to the petitioners, though notionally, for the periods prior to absorption i.e. 01.07.2004. Since already order has been passed by this Court and has also been clarified, no further clarification is needed.
11. In view of the show-cause/affidavit filed by the State, it is evident that they had agreed to grant the benefits to the petitioners, though notionally, for the periods prior to absorption i.e. 01.07.2004. Since already order has been passed by this Court and has also been clarified, no further clarification is needed. This Court is of the view that out of sheer confusion, the matter is lingering for long and the same should have a happy ending in view of submission of the officer present in the Court, show-cause/affidavit filed today as well as submission advanced by the learned Advocate General. 12. Since these contempt matters have been lingering in this Court since long i.e. from the year 2020 and earlier the writ was also pending before this Court and the same travelled up to the Hon’ble Supreme Court, it would be apposite to direct the Opposite Parties- State to clear the entire dues which the petitioners are entitled for as per their own averments and as per the direction of this Court. 13. The views expressed by this Court is also agreed upon by the learned counsel representing petitioners as well as the State. In the circumstances, these contempt proceedings are hereby dropped with a direction to the State to release entire benefits, in terms of order and direction of the Court, within a period of 12 weeks from the date of receipt/presentation of a copy of this order. 14. Before parting with the order, this Court is of the view that serious efforts have been made by Mr. Rajiv Ranjan, learned Advocate General, Mr. Sachin Kumar - Additional Advocate General, as well as other counsels assisting learned Advocate General. 15. With the aforesaid observations and directions, the contempt proceedings stand dropped since substantial compliance has already been made. 16. In view of fair submission on part of the State and show-cause/affidavit filed today, it is apt clear that the State is in the process of redressal of grievance of the petitioners and therefore, there is no requirement to keep the writ petitions tagged with these contempt applications pending. Consequently, the writ petitions also stand disposed of. The respondents-State in all the writ petitions are directed to do the needful in view of observations made hereinabove and as assured by them in open Court as well as in their affidavit/show-cause.