Subhash Chandra Pd. Singh, aged about 71 years, son of Late Nand Kishore Singh v. 1. The State of Jharkhand. 2. Jharkhand Urja Vikas Nigam Limited through its Chairman-Cum-Managing
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1117 of 2023 Subhash Chandra Pd. Singh, aged about 71 years, son of Late Nand Kishore Singh, resident of Scholar Tower, F.N. -601, Near Oxford Public School Pragati Path, Chutia, P.O. & P.S. Chutia, District Ranchi, PIN-834001 (Jharkhand) Petitioner … … Versus 1. The State of Jharkhand. 2. Jharkhand Urja Vikas Nigam Limited through its Chairman-Cum-Managing Director, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 3. The General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 4. The Deputy General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 5. The Deputy Director (Personnel), Patratu Thermal Power Station, Patratu, P.O., P.S. and District Ramgarh. 6. The General Manager (HRD), Jharkhand Urja Utpadan Nigam Ltd., Engineering Bhawan, H.E.C. Campus, P.O. & P.S. Dhurwa, District … … Respondents Ranchi With W.P. (S) No. 1115 of 2023 Tara Kant Mishra, aged about 65 years, son of Late Fuleshwar Mishra, resident of Qr. No. D-218, Road No. 12, Near Children Park, PTPS Patratu, P.O. PTPS Patraru, P.S. Patratu, District Ramgarh, PIN-829119 (Jharkhand) Versus … … Petitioner 1. The State of Jharkhand. 2. Jharkhand Urja Vikas Nigam Limited through its Chairman-Cum-Managing Director, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 3. The General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 4. The Deputy General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 5. The Deputy Director (Personnel), Patratu Thermal Power Station, Patratu, P.O., P.S. and District Ramgarh. 2 6. The General Manager (HRD), Jharkhand Urja Utpadan Nigam Ltd., Engineering Bhawan, H.E.C. Campus, P.O. & P.S. Dhurwa, District … … Respondents Ranchi With W.P. (S) No. 2300 of 2023 Rang Bahadur Sharma, aged about 65 years, Son of Jagat Sinha, resident of Flat No. 3/B, Surya Enclave, Amethiya Nagar, Namkum, P.O. & P.S. Namkum, District Ranchi, Jharkhand Petitioner … … Versus 1. The State of Jharkhand. 2. Jharkhand Urja Vikas Nigam Limited through its Chairman-Cum-Managing Director, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 3. The General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 4. The Deputy General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 5. General Manager-cum-Chief Engineer, Jharkhand Bijli Vitran Nigam, (Formerly, Jharkhand State Electricity Board) Ranchi, having its registered office in Engineering Bhawan, HEC Campus, P.O. & P.S. Dhurwa, District Jharkhand 6. The General Manager (HRD), Jharkhand Urja Utpadan Nigam Ltd., Engineering Bhawan, H.E.C. Campus, P.O. & P.S. Dhurwa, District … … Respondents Ranchi With W.P. (S) No. 2416 of 2023 Kailash Jha, aged about 71 years, Son of Late Dukhmochan Jha, resident of 7/9 WS Harmu Housing Colony, Harmu, P.S. Harmu, P.O. District Ranchi, Jharkhand Petitioner … … Versus 1. The State of Jharkhand. 2. Jharkhand Urja Vikas Nigam Limited through its Chairman-Cum-Managing Director, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 3. The General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 3 4. The Deputy General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 5. Electricity Executive Engineer, Supply Division, Ranchi, West Jharkhand Bijli Vitran Nigam Limited, (Formerly, Jharkhand State Electricity Board) Dhurwa, having its registered office in Engineering Bhawan, HEC Campus, P.O. & P.S. Dhurwa, District Jharkhand 6. The General Manager (HRD), Jharkhand Urja Vikas Nigam Ltd., having its registered office at Engineering Bhawan, H.E.C. Campus, P.O. & P.S. Dhurwa, District Ranchi … … Respondents With W.P. (S) No. 2461 of 2023 Maheshwar Jha, aged about 73 years, Son of Late R. D. Jha, resident of Near Xavier Nagar, Dela Toli, Kokar, P.S. Sadar, P.O. & District Ranchi, Jharkhand Versus … … Petitioner 1. The State of Jharkhand. 2. Jharkhand Urja Vikas Nigam Limited through its Chairman-Cum-Managing Director, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 3. The General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 4. The Deputy General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 5. Electrical Executive Engineer, Electricity Supply Division, Ranchi, Jharkhand Bijli Vitran Nigam Limited, (Formerly, Jharkhand State Electricity Board) having its registered office at Engineering Bhawan, HEC Campus, P.O. & P.S. Dhurwa, District Jharkhand 6. The General Manager (HRD), Jharkhand Urja Vikas Nigam Ltd., having its registered office at Engineering Bhawan, H.E.C. Campus, P.O. & P.S. … … Respondents Dhurwa, District Ranchi With W.P. (S) No. 2614 of 2023 Partho Banerjee, aged about 66 years, Son of Dhirendra Nath Banerjee, R/o Bhagat Koccha Road No. 1-A, Debadih, P.O. & P.S. Doranda, District Ranchi, Jharkhand Petitioner … … 1. The State of Jharkhand. Versus 4 2. Jharkhand Urja Vikas Nigam Limited through its Chairman-Cum-Managing Director, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 3. The General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 4. The Deputy General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 5. The Director (Administration), Jharkhand Urja Vikash Nigam Limited, P.O. & P.S. Hazaribagh, District Hazaribagh, Jharkhand 6. The General Manager (HRD), Jharkhand Urja Vikas Nigam Ltd., having its registered office at Engineering Bhawan, H.E.C. Campus, P.O. & P.S. … … Respondents Dhurwa, District Ranchi With W.P. (S) No. 2924 of 2023 Suresh Mohan Dubey, aged about 71 years, Son of Late Satneshwar Dubey, resident of C/O Amrendra Kumar, Quarter No. F-62, Road No. 24, P.O. Patratu Thermal, P.S. Patratu, District Ramgarh Versus Petitioner … … 1. The State of Jharkhand. 2. Jharkhand Urja Vikas Nigam Limited through its Chairman-Cum-Managing Director, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 3. The General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 4. The Deputy General Manager (Administration), Jharkhand Urja Vikas Nigam Limited, having its registered office at Engineering Bhawan, HEC Campus P.O. & P.S. Dhurwa, District Ranchi. 5. Deputy General Manager, Patratu Thermal Power Station, Jharkhand Bijli Vitrarn Nigam Limited [Formerly, Jharkhand State Electricity Board), Ranchi, having its registered office at Engineering Bhawan, HEC Campus, P.O. & P.S. Dhurwa, District Ranchi. 6. The General Manager (HRD), Jharkhand Urja Vikas Nigam Ltd., having its registered office at Engineering Bhawan, H.E.C. Campus, P.O. & P.S. … … Respondents Dhurwa, District Ranchi --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioners For the Respondents For the Resp.-JUVNL ---
Legal Reasoning
: Mr. Nipun Bakshi, Advocate : Mr. Shubham Sinha, Advocate : Mr. Mohan Kumar Dubey, Advocate : Mr. M. K. Roy, Advocate For the Resp.-JBVNL For the State 5 --- (In WPS No. 1117/2023) : Mr. B. B. Sinha, Advocate (In WPS No. 2300/2023; 2461/2023; 2614/2023) : Mr. Amit Kumar, Advocate (In WPS No. 2924/2023) : Mr. Manish Kumar, Advocate (In WPS No. 1115/2023) : Mr. Mohan Kumar Dubey, Advocate (In WPS No. 2416/2023) : Mr. Nawal Kishore Pandey, Adv. (In WPS No. 1117/2023) : Ms. Deepika Jojowar, Advoate (In WPS No. 2461/2023) : Ms. Khushboo Kumari, Advocate (In WPS No. 2416/2023) : Mr. Divyam, Advocate (In WPS No. 2300/2023) : Ms. Mohini Gupta, Advocate (In WPS No. 2924/2023) 06/28th February 2024 Learned counsel for the parties are present. 1. 2. W.P. (S) No. 1117 of 2023 has been filed for the following reliefs: - “(i) For issuance of a writ of certiorari or any other appropriate writ/order/direction for quashing/setting aside the Office Order No. 1631/Patratu dated 24.08.2010 [Annexure-2] issued by the Respondent No. 05 for pay fixation of the Petitioner on being promoted as Head Clerk after illegal and arbitrary deduction of three advance increments which has resulted in reduction of pay contrary to and in violation of Rule 78(a)(i) of the Bihar/ Jharkhand Service Code, which mandates that on promotion to higher post the pay has to be fixed at a level higher than the existing substantive pay in the lower post; (ii) For issuance of a writ of mandamus compelling / directing the Respondents to ensure pay protection of the Petitioner and for re-fixation of pay, pension and gratuity and to pay the differential amount with all arrears under each of these heads and any other consequential benefits to the Petitioners as has been directed in the case of Ishwari Prasad Mandal vs. Jharkhand State Electricity Board in W.P.(S) No. 6166/2008, which has been affirmed and upheld by the Hon'ble Supreme Court. (iii) For issuance of any other writ, order or direction that may be incidental to or connected with any or more of the reliefs sought for hereinabove or for doing conscionable justice to the Petitioner.” 3. W.P. (S) No. 1115 of 2023 has been filed for the following reliefs: - “(i) For issuance of a writ of certiorari or any other appropriate writ/order/direction for quashing/setting aside the Office Order No. 403/Patratu dated 18.02.2005 [Annexure-5] issued by the Respondent No. 05 for pay fixation of the Petitioner on being promoted as Accounts Assistant after illegal and arbitrary deduction of three advance increments which has resulted in reduction of pay contrary to and in violation of Rule 78(a)(i) of the Bihar/ Jharkhand Service Code, which 6 mandates that on promotion to higher post the pay has to be fixed at a level higher than the existing substantive pay in the lower post; (ii) For issuance of a writ of mandamus compelling / directing the Respondents to ensure pay protection of the Petitioner and for re-fixation of pay, pension and gratuity and to pay the differential amount with all arrears under each of these heads and any other consequential benefits to the Petitioners as has been directed in the case of Ishwari Prasad Mandal vs. Jharkhand State Electricity Board in W.P.(S) No. 6166/2008, which has been affirmed and upheld by the Hon'ble Supreme Court. (iii) For issuance of any other writ, order or direction that may be incidental to or connected with any or more of the reliefs sought for hereinabove or for doing conscionable justice to the Petitioner.” 4. W.P. (S) No. 2300 of 2023 has been filed for the following reliefs: - “(i) For issuance of a writ of certiorari or any other appropriate writ/order/direction for quashing/setting aside the Office Order No. 83 dated 29.06.2010 [Annexure-2] issued by the Respondent No. 05 for pay fixation of the Petitioner on being promoted as Head Clerk after illegal and arbitrary deduction of three advance increments which has resulted in reduction of pay contrary to and in violation of Rule 78(a)(i) of the Bihar/ Jharkhand Service Code, which mandates that on promotion to higher post the pay has to be fixed at a level higher than the existing substantive pay in the lower post; (ii) For issuance of a writ of mandamus compelling / directing the Respondents to ensure pay protection of the Petitioner and for re-fixation of pay, pension and gratuity and to pay the differential amount with all arrears under each of these heads and any other consequential benefits to the Petitioners as has been directed in the case of Ishwari Prasad Mandal vs. Jharkhand State Electricity Board in W.P.(S) No. 6166/2008, which has been affirmed and upheld by the Hon'ble Supreme Court. (iii) For issuance of any other writ, order or direction that may be incidental to or connected with any or more of the reliefs sought for hereinabove or for doing conscionable justice to the Petitioner.” 5. W.P. (S) No. 2416 of 2023 has been filed for the following reliefs: - “(i) For issuance of a writ of certiorari or any other appropriate writ/order/direction for quashing/setting aside the Office Order No. 30 dated 26.07.2010 [Annexure-3] issued by the Respondent No. 05 for pay fixation of the Petitioner on being promoted as Accounts Assistant after illegal and arbitrary deduction of three advance increments which has resulted in reduction of pay contrary to and in violation of Rule 78(a)(i) of the Bihar/ Jharkhand Service Code, which mandates that on promotion to higher post the pay has to be fixed at a level higher than the existing substantive pay in the lower post; (ii) For issuance of a writ of mandamus compelling / directing the Respondents to ensure pay protection of the Petitioner and for re-fixation of pay, pension and gratuity and to pay the differential amount with all arrears under each of these heads and any other consequential benefits to the Petitioners as has been directed in the case of Ishwari Prasad Mandal vs. Jharkhand State Electricity Board in W.P.(S) No. 6166/2008, which has been affirmed and upheld by the Hon'ble Supreme Court. (iii) For issuance of any other writ, order or direction that may be incidental to or connected with any or more of the reliefs sought for hereinabove or for doing conscionable justice to the Petitioner.” 6. W.P. (S) No. 2461 of 2023 has been filed for the following reliefs: - 7 “(i) For issuance of a writ of certiorari or any other appropriate writ/order/direction for quashing/setting aside the Office Order No. 161 dated 23.08.2004 [Annexure-2] issued by the Respondent No. 05 for pay fixation of the Petitioner on being promoted as Head Clerk after illegal and arbitrary deduction of three advance increments which has resulted in reduction of pay contrary to and in violation of Rule 78(a)(i) of the Bihar/ Jharkhand Service Code, which mandates that on promotion to higher post the pay has to be fixed at a level higher than the existing substantive pay in the lower post; (ii) For issuance of a writ of mandamus compelling / directing the Respondents to ensure pay protection of the Petitioner and for re-fixation of pay, pension and gratuity and to pay the differential amount with all arrears under each of these heads and any other consequential benefits to the Petitioners as has been directed in the case of Ishwari Prasad Mandal vs. Jharkhand State Electricity Board in W.P.(S) No. 6166/2008, which has been affirmed and upheld by the Hon'ble Supreme Court. (iii) For issuance of any other writ, order or direction that may be incidental to or connected with any or more of the reliefs sought for hereinabove or for doing conscionable justice to the Petitioner.” 7. W.P. (S) No. 2614 of 2023 has been filed for the following reliefs: - “(i) For issuance of a writ of certiorari or any other appropriate writ/order/direction for quashing/setting aside the Office Order No. 272 dated 06.02.2008 [Annexure-2] issued by the Respondent No. 05 for pay fixation of the Petitioner on being promoted as Accounts Assitant after illegal and arbitrary deduction of three advance increments which has resulted in reduction of pay contrary to and in violation of Rule 78(a)(i) of the Bihar/ Jharkhand Service Code, which mandates that on promotion to higher post the pay has to be fixed at a level higher than the existing substantive pay in the lower post; (ii) For issuance of a writ of mandamus compelling / directing the Respondents to ensure pay protection of the Petitioner and for re-fixation of pay, pension and gratuity and to pay the differential amount with all arrears under each of these heads and any other consequential benefits to the Petitioners as has been directed in the case of Ishwari Prasad Mandal vs. Jharkhand State Electricity Board in W.P.(S) No. 6166/2008, which has been affirmed and upheld by the Hon'ble Supreme Court. (iii) For issuance of any other writ, order or direction that may be incidental to or connected with any or more of the reliefs sought for hereinabove or for doing conscionable justice to the Petitioner.” 8. W.P. (S) No. 2924 of 2023 has been filed for the following reliefs: - “(i) For issuance of a writ of certiorari or any other appropriate writ/order/direction for quashing/setting aside the Pay Fixation of the Board in Form-B dated 16.07.2010 [Annexure-2] issued by the Respondent No. 05 for pay fixation of the Petitioner on being promoted as Head Clerk after illegal and arbitrary deduction of three advance increments which has resulted in reduction of pay contrary to and in violation of Rule 78(a)(i) of the Bihar/ Jharkhand Service Code, which mandates that on promotion to higher post the pay has to be fixed at a level higher than the existing substantive pay in the lower post; (ii) For issuance of a writ of mandamus compelling / directing the Respondents to ensure pay protection of the Petitioner and for re-fixation of pay, pension and gratuity and to pay the differential amount with all arrears under each of these heads and any other consequential benefits to the Petitioners as has been directed in the case of Ishwari Prasad Mandal vs. Jharkhand State Electricity Board in W.P.(S) No. 8 6166/2008, which has been affirmed and upheld by the Hon'ble Supreme Court. (iii) For issuance of any other writ, order or direction that may be incidental to or connected with any or more of the reliefs sought for hereinabove or for doing conscionable justice to the Petitioner.” 9. Learned counsel for the respondents seek permission to file the rejoinder during the course of the day. 10. Permission is accorded. 11. Learned counsel for the parties jointly submit that similar issue as involved in the present case was subject matter of consideration in L.P.A. No. 497 of 2023 which has been decided against the present petitioners vide judgment dated 12.02.2024. 12. The learned counsel for the petitioners has submitted that these writ
Decision
petitions be disposed of in terms of order passed in L.P.A. No. 497 of 2023. He submits that the writ petitioners who were involved in L.P.A. No. 497/2023 have taken a decision to file Special Leave Petition and therefore the petitioners shall also avail the legal remedies, but as of now the case stands covered against the present petitioners by order passed in L.P.A. No. 497/2023 which has been dismissed .A copy of the order passed in the writ petition which was subject matter of L.P.A. being W.P. (S) No. 1119/2023 with other analogous cases has been produced before this Court. The said writ petitions were dismissed on account of delay and latches. 13. Since W.P. (S) No. 1119/2023 with other analogous cases, wherein similar issue was involved as that of the present cases, have been dismissed against which the aforesaid L.P.A. No. 497 of 2023 has also been dismissed, the present writ petitions are also dismissed in terms of the order passed in W.P. (S) No. 1119/2023 with other analogous cases. 14. Pending I.A., if any, is closed. Mukul (Anubha Rawat Choudhary, J.)