Brahmdeo Ram Dangi vs State Of Jharkhand Through Its Chief Secretary

Deepak Roshan, J

Since all these writ applications involve common issue, with the consent of the parties, the same are being disposed of by this common order.

In all writ applications, the petitioners have made following common prayers:

"1....for grant of an appropriate writ in the nature of Certiorari or an order or direction for quashing Clause-7 of Resolution dated 26/10/2012 contained in Memo No. 4/2010-2322/Vi. issued by the respondent no. 5 (Annexure- 2) whereby the Finance Department of the Government of Jharkhand took a decision for extending the benefit of Assured Career Progression (ACP) to Circle Inspector-cum-Kanoongo in the scale of Rs.5000-8000 vis-à-vis the benefit of 2nd ACP in the scale of Rs.6500-10500 to those Karmchari who are Graduates and for an appropriate writ in the nature of Mandamus commanding upon the respondents to consider promotional benefit consequent thereupon and for any other appropriate writ or order or direction as this Hon'ble Court may deem fit and proper."

Learned counsel for the petitioners submits that all these cases relate to payment of 2nd ACP and its pay scale. He submits that in the year 2012, Government came out with a Notification that Graduation is required for getting benefit of ACP/Promotion. He further submits that though the petitioners have represented several times before the respondents but their grievance has not yet been redressed. Accordingly, he submits that all these writ applications may be disposed of with liberty to the respective petitioner to file individual representation before the concerned respondent so that their grievance may be redressed as per the applicable rules and regulations and the law laid down by the Hon'ble Apex Court in this regard.

Though a counter affidavit has been filed, however, learned counsel for the respondents fairly submits that if the respective petitioner chooses to approach the concerned respondent, they may do so.

Having regard to the aforesaid submission, all these writ applications are hereby disposed of by directing the respective petitioner to file a detailed representation before the 2nd Respondent along with all relevant documents and the judgments in support of their contention within a period of 12 weeks from today. If any such representation(s) is filed before the 2nd Respondent within the stipulated period, the 2nd Respondent shall look into the matter and pass an order in accordance with law and applicable rules and regulations within a period of four months from the date of receipt of such representation(s).

With the aforesaid observation, all these writ applications stand disposed of.

Pending I.As., if any, also stand disposed of.