Shanti Bhushan vs State Of Jharkhand through Chief Secretary

Deepak Roshan, J

The instant writ application has been filed by the petitioners for the following reliefs:

“(1)(i) For issuance of appropriate writ(s)/ order(s) /direction(s) or a writ in the nature of Mandamus commanding upon the concerned respondents to grant Grade Pay of Rs.5400/= in PB-2(level 9 in the 7th pay commission) instead of Rs.4800/= (level 8 in the 7th pay commission) while the officers of other similar State service has been granted grade pay of Rs.5400/= in PB-2 (level 9 in the 7th pay commission)

(ii) For issuance of appropriate writ/order/ direction to show cause upon the Respondents as to why and under what circumstances such a lower grade pay has been granted to the Officers of Jharkhand Probation Service while ignoring the fact that the Jharkhand Probation Service have been granted to the candidates some of whom have secured higher marks that otherwise would have placed them in a service having Grade Pay of 5400/=;

(iii) for issuance of a further writ/order/ direction to grant such financial and notional benefits with effect from their date of joining the service i.e.

01-07-2016 that the petitioners were losing due to disparity in grade pay; And/or

(iv) Such other appropriate writ/writs be issued, order/orders be passed and direction/directions be made as to Your Lordships may deem fit and proper for doing conscionable and equitable justice to the petitioners.”

During course of argument, learned counsel for the petitioners submits that if the respondents be directed to pass an order on the representation which is pending since 2020 itself; then the grievance of these petitioners can be redressed.

Mr. M. K. Roy, learned counsel for the respondents submits that it would be better if the petitioners file a fresh joint representation, then the same will be disposed of in accordance with law and applicable rules and regulations.

Having regard to the fair submission of learned counsel for the rival parties, the instant writ application is hereby disposed of by directing the petitioners to file a fresh joint representation before the 3rd Respondent. The moment the 3rd Respondent receives the fresh joint representation, he would take a decision after consulting the 2nd Respondent and pass a final order in accordance with law and applicable rules and regulations. The entire exercise shall be completed within a period of four months from the date of receipt of such representation.