Nand Kishore Balmiki And Others vs State Of Jharkhand And Others

Dr. S.N.Pathak, J

Heard the parties.

Petitioners have approached this Court with a prayer for direction upon the respondents to fix the salary of the petitioner as per revised pay-scale

under the 5th and 6th Pay Revision w.e.f. 01.01.1996 & 01.01.2006 respectively and also for release of salary under revised pay scale along with

statutory interest.

At the very outset, it has been submitted by Mr. Rajesh Kumar, learned counsel appearing for the petitioners that similar issue fell for consideration

before this Hon’ble Court in Ratni Oraon and Ors. Vs. State of Jharkhand (W.P.S. No. 7818 of 2012) and further in case of W.P.(S). No. 1047

of 2017 (Sundar Tiu & Ors. Vs. State of Jharkhand & Ors.). He further submits that in case of Ratni Oraon and Ors. Vs. State of Jharkhand (W.P.S.

No. 7818 of 2012), the entire benefits have been extended to the petitioners of that case but in case of present petitioners, till date they have been

discriminated from the said benefits and as such, a direction be given to the respondents to consider the case of the present petitioners also in view of

the fact that similarly situated co-employees, Ratni Oraon and Ors., have already been extended the benefits of 5th and 6th Pay Revision.

On the other hand, no counter-affidavit has been filed. However, Mr. Akash Deep as well as Mr. Sreenu Garapati, learned counsel appearing for

the respondents submits that they have no objection to the prayer made by the learned counsel for the petitioners. They further argue that since the

issue has already been decided and set at rest up to the Hon’ble Apex, nothing remains to be argued.

Be that as it may, having gone through the submissions of the parties and upon perusal of the records of the case, this Court is of the considered

opinion that the issue involved in this case is no more res-integra and the same has already been decided by this Court in case of Ratni Oraon (supra)

and Sundar Tiu & Ors. (supra). In such circumstances, I hereby direct the University to look into the matter and if till date the University has not

recommended the case of the petitioners before the State, the recommendation shall be made within a period of four weeks from the date of receipt/

production of a copy of this Order and further, the respondent-State is directed to release the funds to the College for making payment of the admitted

dues to the present petitioners, within four weeks thereafter, taking into consideration the case of Ratni Oraon (supra), in which payments has already

been made to the petitioners of that case.

Needless to say that if the University has already recommended the case of the present petitioners before the respondent- State, the respondent-

State is directed to consider the same and pass a reasoned order, in accordance with law, extending the benefits of 5th and 6th Pay Revision to the

present petitioners also, within a period of four weeks from the date of receipt/ production of a copy of this order.

As a sequel to the aforesaid observations and directions, the instant writ petition stands disposed of.