The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Letters Patent Appellate Jurisdiction) LPA No. 142 of 2018 ----- 1.The State of Jharkhand through the Principal Secretary/Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 2. The Director of Agriculture, Jharkhand, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District Ranchi. 3. The Director Soil Conservation, Jharkhand, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District Ranchi. 4. The Director Horticulture, Jharkhand, Govt. of Jharkhand, officiating at Krishi Bhawan Campus, PO Ranchi University, PS Gonda, District Ranchi. …. Appellants - Versus- 1. Ambika Prasad, S/o Late Ganpat Saw, Retired Assistant Soil Conservation Officer, Rania, Soil Conservation Office, At PO, PS and District Khunti, Resident of Gayatri nagar, Pipartoli, At PO, PS & District Khunti. 2. Ram Eqbal Singh, S/o Late Ramjeet Singh, Retired Block Agriculture Officer, Block Development Office, Koderma Block, At PO, PS & District Koderma, permanent resident of Village & PO Khiriaon, PS Nasriganj, District Rohtas (BIHAR). 3.Vinay Kumar Sinha, S/o Late Lal Mohan Prasad Sinha, Retired Assistant Soil Conservation officer, Kanke, Soil Conservation Office, Hehal, Ranchi, resident of Qr. No. LIG R-250, At PO Harmu Housing Colony, PS Argora, District Ranchi. 4. Md Murtaza, S/o Late Md Azimuddin, Retired Assistant Soil Conservation Officer, Bundu (Ranchi), resident of Saira Manzil, Milat Colony, PO & PS Bariatu, District Ranchi. 5. Kamta Singh, S/o Late Nand Keshwar Singh, Retired Block Agriculture Officer, Block Development Office, Barhi Block, At PO and PS Barhi, District Hazaribagh, permanent resident of Village & PO Khiriaon PS Nasriganj, District Rohtas. 6. Md. Khaliquzzaman, S/o Late Mabud Baksh, Retired Assistant Research Officer, Soil Testing Laboratory At PO, PS & District Latehar, resident of Village Malapara, PO Goaltoli, PS Abadpur, District Katihar. 7.Abhay Kumar Singh, S/o Late Vishwanath Prasad Singh, Retired Leave Reserve Officer, District Agriculture Office, Krishi Bhawan, Kanke Road, Ranchi, resident of Jaipal Nagar, Near Hansraj Badhwa School Jorar, PO & PS Namkum, District Ranchi. 8. Surendra Sharma, S/o Late Ram Dhyan Singh, Agriculture Inspector, Sub Divisional Agriculture Office (General), Giridih residing in the House of Mr. Shiv Kumar Narayan Deo, House No. 89, Near Bank of India, Krishna Nagar, Alkapuri, PO & PS & District Giridih. 9. Lal Babu Prasad, S/o Late Ram Chandra Prasad, Block Agriculture Officer, Govindpur Block, Dhanbad, resident of Kusum Vihar Phase II Colony, Opposite House of Dr. Pratima Karan, PO BCCL Township, PS Saraidhela, District Dhanbad. 10. Ram Parvesh, S/o Late Ram Pati Prasad, Agriculture Inspector (Personal Ledger Accounts), Sub Divisional Agriculture Office (General), Ranchi, 2 LPA No. 142 of 2018 with batch matters Krishi Bhawan Campus, Kanke Road, Ranchi, resident of Prasad Niwas, Samlong (Bel Bagan), PO and PS Namkum, Town and District Ranchi -834010. 11. Ramani Kant Singh, S/o Late Bindeshwari Prasad Singh, Block Agriculture Officer, Block Development Officer, At PO & PS & District Koderma, residing in House of Mr. Manoj Yadav, Vidyapuri, Jhumari Telaiya, PO & PS Jhumri Telaiya, District Koderma. 12. Yugal Kishor Sinha, S/o Mr. Yamuna Prasad Singh, Block Agriculture Officer, Block Development Office, Chanwara Block, District Koderma, residing in the House of Mr. Manoj Yadav, Vidyapuri, Jhumri Telaiya, PO & PS Jhumri Telaiya, District Koderma. 13. Shivajee Singh, S/o Late Bachan Singh, Block Agriculture Officer, Block Development Office, Barhi Block, at PO and PS Barhi, District Hazaribagh, resident of Staff Quarters, Barhi Block Campus, At PO & PS Barhi District Hazaribagh. 14. Surendra Prasad Singh, Son of Late Ramdhari Singh, Agriculture Inspector (Personal Ledger), Sub Divisional Agriculture Office, Khunti, residing in the House of Mr. Ram Chandra Prasad, Road No. 3, Lobin Bagan, At PO, PS & District Khunti. 15. Bishwambhar Prasad Singh, S/o Late Indra Narayan Singh, Assistant Research Officer, Office of Assistant Soil Chemist, Soil Testing Laboratory, Giridih, residing in the house of Mr. Chandra Nath Ray (Babujii), High School Road, Shanti Nagar, Pachamba, PO & PS & District Giridih. 16. Akshaywer Prasad Singh, S/o Late Bindra Singh, Block Agriculture Officer, Block Development Office, Torpa Block, District Khunti, Resident of Block Colony, At PO & PS Torpa, District Khunti. 17. Dharma Deo Singh, S/o Late Ganga Singh, Agriculture Officer, Block Development Officer, Khuntpani Block, District West Singhbhum, residing in the House of Mr. Jitendra Bobonga, Mohallah Supalsai, Near Saraikela More, At PO & PS Chaibasa, District West Singhbhum. 18. Kripa Narayan Singh, S/o Mr. Markandeya Singh, Agriculture Inspector (Personal Ledger), Sub Divisional Agriculture Office, Koderma, residing in the house of Mr. Manoj Yadav, Vidyapuri, Jhumari Telaiya, PO & PS Jhumri Telaiya, District Koderma. 19. Abhishek Kumar, S/o Late Sunil Kumar Sinha, resident of C/o Late Sunil Kumar Sinha, Rajasthali Apartment Block 'B' 2B, H.B. Road, Near Plaza Petrol Pump, Tharpakna, PO & PS Lalpur, District Ranchi. 20. Rajendra Panjiyara, S/o Late Bhudeo Panjiyara, Agriculture Inspector (Personal Ledger), Sub Divisional Agriculture Office, Chas, Bokaro, residing in the House of Mr. S.K. Sinha, in front of Shanti Niketan School, Darku Nagar, Darku Gali, PO & PS Chas, District Bokaro. 21. Nand Kishore Tiwary, S/o Late Rangjee Tiwary, Block Agriculture Officer, Block Development Office, Goilkera Block, District West Singhbhum, residing in the House of Mr. Durlabh Pradhan, Village Kula, PO Tunia, PS Goilkera District West Singhbhum. 22. Vijay Bhadur Singh, S/o Late Shambhu Nath Singh, Block Agriculture Officer, Block Development Office, Bano Block, District Simdega, resident of Staff Quarters, Bano Block Development Office Campus, At PO & PS Bano District Simdega. 23. Anil Kumar Singh, S/o Late Kamta Singh, Horticulture Officer, Silli, District Ranchi residing in the House of Mr. Pratap Bhagat, Near Silli Police Station, At PO & PS Silli, District Ranchi. 3 LPA No. 142 of 2018 with batch matters 24. Ram Chandra, S/o Late Durga Prasad Singh, Assistant Technical Officer, Office of the Assistant Director (Survey), Soil Conservation, Hehal, Ranchi, resident of Flat No. 302, Om Sai Apartment, Near Over Bridge, Anantpur, PO & PS Chutia, District Ranchi. 25. Mrs. Kumari Karuna Singh, W/o Mr. Dinesh Prasad Singh, Assistant Research Officer, Soil Testing Laboratory, Krishi Bhawan Campus, Knake Road, Ranchi, resident of Qr. No. E-338, Sector II, HEC Campus, PO & PS Dhurwa, District Ranchi. 26. Umesh Dikshit, S/o Late Hridya Narayan Dikshit, Assistant Seed Analysis Officer, Office of the Assistant Seed Testing Officer, Krishi Bhawan Campus, Kanke Road, Ranchi residing in the House of Mr. Kameshwar Nayak, 495/M3, Road No. 3, Aryapuri, Ratu Road, PO Ranchi University, PS Sukhdeo Nagar, District Ranchi. 27. Bimal Kumar Lakra, S/o Mr. Walter Lakra, Assistant Soil Conservation Officer, Khunti, Soil Conservation Office, Khunti, residing in the House of Mr. Joseph Oreya, East Kadma, Near House of Mrs. Suhsila Kerketta (Ex M.P.), At PO & PS & District Khunti. 28. Rakesh Kumar Kanaujia, S/o Late Manohar Kanaujia, Assistant Technical Officer, Soil Conservation Directorate, Krishi Bhawan Campus, Kanke Road, Ranchi resident of Gurudwara Road, Near Manas Seva Sadan, Hatia, PO & PS Hatia, District Ranchi. 29. Mrs. Sarita Barla, W/o Mr. Godwin Khess, Assistant Research Officer, Office of the Assistant Director of Agriculture, Quality Control Fertilizer Laboratory, Krishi Bhawan, Kanke Road, Ranchi resident of Village Jorar (Near Pepsi Ground), PO & PS Namkum, District Ranchi. 30. Mrs. Emlen Purty, W/o Mr. N.C. Singh Munda, Graduate Instructor, Extension Training Centre, Hehal, Ranchi resident of Dhawan Nagar, Opposite Shitla Mandir, PO Gandhi Nagar, PS Gonda, District Ranchi. 31. Ram Parvesh Singh, S/o Mr. Damari Ram Singh, Assistant Research Officer, Soil Testing Laboratory, Krishi Bhawan Campus, Kanke Road, Ranchi resident of Road No. 4-B, Kusum Vihar Colony, Morabadi, PO Ranchi University, PS Bariatu, District Ranchi. 32. Manoj Kumar Sinha, S/o Mr. Girija Nandan Prasad, Assistant Technical Officer, Directorate of Soil Conservation, Krishi Bhawan Campus, Kanke Road, Ranchi resident of Kusai Colony, Near Electricity Board Colony, PO & PS Doranda, District Ranchi. 33. Yogender Prasad Singh, S/o Ram Prasad Singh, R/o Village & PO Baliagram, PS Godnani, District Bhojpur (Bihar). 34.The Principal Secretary/Secretary, Department of Finance, Jharkhand Mantralaya, PO & PS Dhurwa, District Ranchi-834004. 35. The State of Bihar through the Principal Secretary/Secretary, Govt. of Bihar, Department of Agriculture, Vikas Sachivalaya, PO & PS Patna, PIN- 800015 (BIHAR). 36.The Director of Agriculture, Bihar, Patna, Vikas Sachivalaya, PO & PS Patna, PIN-800015 (BIHAR). …..Respondents With LPA No. 217 of 2018 1.The State of Jharkhand. 2. The Principal Secretary/Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 3. The Director of Agriculture, Jharkhand, Govt. of Jharkhand, Officiating at 4 LPA No. 142 of 2018 with batch matters Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District Ranchi. 4. The Deputy Director (General), Directorate of Agriculture and Sugarcane Development, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District Ranchi. …. Appellants - Versus- 1. Shailendra Kumar, S/o Late Sant Pd. Singh, resident of Village Nawadih, PO Orkhar, PS Rajdhanwar, District Giridih. 2. Surendra Kumar, S/o Late Shiv Shankar Mallick, resident of Lakshmipur, PO & PS Madhepur, District Madhubani (Bihar). 3. Vishwajeet Kumar Sinha, S/o Sri Ramanand Sinha, resident of House No. 249, New A.G. Colony, Kadru, PO Doranda, PS Argora, District Ranchi. 4. Deo Shanker Dubey, S/o Sri Bishwanath Dubey, resident of Village Khairabad, PO Dumri, PS Chenari, District Rohtas (Bihar). 5. Manoj Kumar Gupta, S/o Late Rajendra Kumar Sinha, resident of 3A, 3 rd Floor, Pansy Apartment, Ashok Path, PO Kanke Road, PS Gonda, District Ranchi. 6. Md. Jubail Ali, S/o Late Dilawar Ali, resident of Village & PO Ratuchatti, PS Ratu, District Ranchi. 7. Bishnudeo Mandal, S/o Late Kashi Mandal, resident of PO & PS Ghailorh via Panchagachhia, District Madhepura (Bihar). 8 (i) Anita Kumari, aged about 57 years, widow of Late Ishwar Singh (ii) Sandeep Kumar, aged about 35 years, S/o Late Ishwar Singh (iii) Manish Kumar, aged about 35 years, S/o Late Ishwar Singh (iv) Pratap Mehta, aged about 29 years, S/o Late Ishwar Singh all residents of Singh Bhawan, Subhash Nagar, Road No.5, Semnichak, PO New Jaganpura, PS RamKrishna Nagar, District Patna (Bihar). 9. Ratneshwar Prasad, S/o Sri Yashwant Prasad, resident of Village Auru, PO & PS Auru-Gerva, District Chatra. 10. Rajendra Singh, S/o Late Dasho Singh, resident of Village Post Mai- Farida, PS Rahul, District Nalanda (Bihar). 11. The Principal Secretary/Secretary, Department of Finance, Government of Project Bhawan Ranch, Jharkhand, PO & PS Dhurwa, District Ranchi- 834004. 12. The Secretary, Department of Personnel and Administrative Reforms, Project Bhawan Jharkhand, PO & PS Dhurwa, District Ranchi-834004. ….. Respondents With LPA No. 287 of 2018 1.The State of Jharkhand. 2. The Principal Secretary/Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 3. The Director, Department of Agriculture, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District Ranchi. 4. The Controller cum Joint Director, Department of Agriculture, Project Building, HEC, Dhurwa, Ranchi. 5. The Deputy Controller, Department of Agriculture, Hazaribagh 1. Ashok Kumar Jha, S/o Late Upendra Jha, resident of Ishan Green Shital - Versus- ….. Appellants 5 LPA No. 142 of 2018 with batch matters Mallick Road, Vilasi Town, Plot No. 105, PO, PS & District Deoghar. 2. The Principal Secretary, Department of Finance, Project Building, HEC, Dhurwa, Ranchi. 3. The Principal Secretary, Food Public Distribution & Consumer Affairs Department, Govt. of Jharkhand, Ranchi. ….. Respondents With LPA No. 288 of 2018 1.The State of Jharkhand. 2. The Principal Secretary/Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 3. The Director, Department of Agriculture, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO & PS Ranchi University, PS Gonda, ….. Appellants District Ranchi. - Versus- 1. Ramjee Pal, S/o Late Murli Pal, resident of Village Bhelma, PO Awraiya, PS Kudra, District Kaimur, Bhabhuwa, Bihar. 2. Rajiv Ranjan, S/o Late Krishnanand Prasad Singh, resident of Village Pahsara, Vabhangawa, PO & PS Begusarai, District Begusarai, Bihar. With ….. Respondents LPA No. 289 of 2018 1.The State of Jharkhand through the Principal Secretary/Secretary, Department of Agriculture Animal Husbandry & Co-operative, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 2. The Director of Agriculture, Jharkhand, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District Ranchi. 3. The Director, Horticulture, Jharkhand, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District ….. Appellants Ranchi. - Versus- 1. Mrs. Kalpana Sinha, D/o Late Sushil Kumar Sinha and W/o Mr. Prakash Chandra Sinha, Graduate Instructor, Extension Training Centre, Hehal, Ranchi, resident of House No. 44-A, Lower Burdwan Compound, Near Lahiri Lodge, Gyan Ranjan Path, PO & PS Lalpur, Ranchi. 2. Mrs. Renu Bala, D/o Late Brindawan Paswan & W/o Mr. Saroj Kumar Hazra, Assistant Agriculture Officer (Botany), District Agriculture Office, Joint Agriculture Building, Steel Gate, Saraidhella, Dhanbad resident of Ramatosh Banerjee Lane, Behind Panchmukhi Hotel, Hirapur, PO & PS Hirapur, District Dhanbad. 3. Mrs. Pratima Kumari, D/o Mr. Jai Chand Singh & W/o Mr. Nagendra Kumar Singh, Ex Sub Divisional horticulture Officer, Dhanbad presently under waiting for posting at the Directorate of Agriculture, Bihar, Vikas Sachiwalaya, Patna at present residing at Qr. No. E-13, officer's Colony, Bekar Bandh, PO, PS & District Dhanbad permanent resident of Village Baruntar, PO Salimpur, PS Harnaut, District Nalanda. 4. The Principal Secretary/Secretary, Department of Finance, Jharkhand Mantralaya, PO & PS Doranda, District Ranchi-834004. 5. The State of Bihar through the Principal Secretary/Secretary, Govt. of Bihar, Department of Agriculture, Vikas Sachivalaya, PO, PS & District Patna, PIN-800015 (Bihar). 6 LPA No. 142 of 2018 with batch matters 6. The Director of Agriculture, Bihar, Patna, Vikas Sachivalaya, PO, PS & Respondents District Patna, PIN-800015 (Bihar). ….. With LPA No. 440 of 2018 1.The State of Jharkhand through the Principal Secretary/Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, P.O. & P.S. Doranda, District Ranchi. 2. The Director of Agriculture, Jharkhand, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District Ranchi. 3. The Director Soil Conservation, Jharkhand, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District Ranchi. 4. The Soil Conservation Officer, Lohardaga, at PO, PS & District Lohardaga. ….. Appellants - Versus-
Legal Reasoning
1. Amresh Kumar Sinha, S/o Late Bangatesh Prasad, retired Soil Conservation Officer, Lohardaga, resident of Sheoganj, Opposite House of Mr. Laxman Shahabadi at PO & PS Ara District Bhojpur presently residing at Tikli Tola, Behind Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, Town and District Ranchi. 2. The Principal Secretary, Govt. of Jharkhand, Department of Finance, Jharkhand Mantralaya, PO & PS Dhurwa, District Ranchi-834004. With ….. Respondents LPA No. 443 of 2018 1.The State of Jharkhand through the Chief Secretary of the State of Jharkhand, Project Bhawan, PO & PS Dhurwa, District Ranchi, Ranchi. 2. The Secretary of Agriculture and Sugarcane Development, the State of Jharkhand, Project Bhawan, PO & PS Dhurwa, District Ranchi, Ranchi. 3. The Director of Agriculture, the State of Jharkhand, Krishi Bhawan, PO & PS Kanke, District Ranchi. 4. The Joint Director of Agriculture cum Controller Weight and Measurement and Agriculture Department, Krishi Bhawan, PO & PS Kanke, District Ranchi. ….. Appellants - Versus- 1. Shailendra Kumar Mishra, S/o late Diwakar Mishra, resident of Biharilal Chakrawarti Road, Costar Town, Deoghar, PO B. Deoghar, PS Deoghar, District Deoghar. 2. The Accountant General, Doranda, Ranchi, PO & PS Doranda, District Respondents Ranchi. ….. With LPA No. 444 of 2018 1.The State of Jharkhand through the Principal Secretary/Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 2. The Director, Department of Agriculture, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District Ranchi. ….. Appellants Ranjit Das, S/o Late Indradeo Das, Assistant Project Officer, District Rural Development Agency, West Singhbhum, Chaibasa, resident of Qr. No. 5, - Versus- 7 LPA No. 142 of 2018 with batch matters Magistrate Colony, Near Bus Stand, PO & PS Chaibasa, District West Singhbhum. ….. Respondent With LPA No. 457 of 2018 1.The State of Jharkhand through the Principal Secretary/Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 2. The Director of Agriculture, Jharkhand, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, District Ranchi. 3. The Assistant Director of Agriculture, Quality Control Fertilizer, Laboratory, Krishi Bhawan, Kanke Road, PO Ranchi University, PS Gonda, Town and District Ranchi. ….. Appellants - Versus- Manoj Kumar Sinha, S/o Late Krishna Nand Sinha, Retired Assistant Research Officer, Office of the Assistant Director of Agriculture, Quality Control Fertilizer Laboratory, Krishi Bhawan, Kanke Road, Ranchi at present C/o Mrs. Shipra Sinha, Flat No. 3-B, Raj Apartment Beside, Ram Krishna Mission, Tagore Hill Road, Morabadi, PO Ranchi University, PS Bariatu, Town and District Ranchi. ….. Respondent With LPA No. 458 of 2018 1.The State of Jharkhand. 2. The Secretary, Ministry of Agriculture, Nepal House, PO & PS Doranda, District Ranchi. 3. The Secretary, Ministry of Finance, Government of Jharkhand, Project Building, Dhurwa, PO & PS Dhurwa, District Ranchi. 4. The Director, Department of Agriculture and Sugarcane, Krishi Bhawan, PO & PS Kanke, District Ranchi. 5. The Deputy Director (Administration), Department of Agriculture and Sugarcane, Krishi Bhawan, PO & PS Kanke, District Ranchi. 6. The Joint Director Agriculture, Santhal Pargana Range, Dumka, PO & PS Dumka, District Dumka. ….. Appellants - Versus- Mrs. Rekha Devi, w/o Late Sunil Kumar, resident of House No. E-44, Vijay Nagar, PO & PS Hanuman Nagar, Town & District Patna-800020 (Bihar). ….. Respondent With LPA No. 661 of 2018 1. The State of Jharkhand. 2. The Principal Secretary/Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 3. The Director, Department of Agriculture, Govt. of Jharkhand, Officiating at Nepal House, PO & PS Doranda, District Ranchi. 4. The Director of Agriculture cum Controller, Weight and Measure, Krishi Bhavan, Ranch, PO, PS & District Ranchi 5. The Assistant Director of Agriculture cum Deputy Controller, Weight and ….. Appellants Measure, Dumka PO, PS & District Dumka 1. Lal Babu Shaw, S/o Late Bhikhari Sah, resident of Sri Krishna Bhavan, Rajendra Nagar, Sahid Ashram Road, Behind Sahid Ashram, PO, PS & - Versus- 8 LPA No. 142 of 2018 with batch matters District Deoghar. 2. The Accountant General, Jharkhand, Ranchi, PO & PS Doranda, District ….. Respondents Ranchi. With LPA No. 700 of 2018 1.The State of Jharkhand. 2. The Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 3. The Director of Agriculture, Jharkhand, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO & PS Gonda, District Ranchi. 4. The Deputy Director of Agriculture, Jharkhnad, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO & PS Gonda, District Ranchi. 5. The Joint Director cum Controller, Weights and Measure, Govt. of Jharkhand, Krishi Bhawan, PO & PS Gonda, District Ranchi. 6. The Assistant Controller, Weights and Measure, Govt. of Jharkhand, Krishi Bhawan, PO & PS Gonda, District Ranchi. 7. The Secretary, Department of Finance, Govt. of Jharkhand, Project ….. Appellants Bhawan, PO & PS Dhurwa, District Ranchi. - Versus- Arjun Prasad Singh, S/o Sri Ram Lakhan Prasad Singh, resident of Devi Mandap Road, Near Kiran Apartment, Hehal, PS Sukhdeonagar, PO Hehal, District Ranchi. ….. Respondent With LPA No. 701 of 2018 1.The State of Jharkhand. 2. The Principal Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 3. The Director of Agriculture, Jharkhand, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Kanke, PS Gonda, District Ranchi. - Versus- ….. Appellants 1. Ravi Shankar Singh, S/o Late Thakur Sivendu Singh, resident of MRF Tyre House, Asarganj, Jalalabad, PO & PS Asarganj, District Munger (Bihar). 2. Dinesh Kumar Singh, S/o Late Ram Swroop Singh, resident of Village Gurunanakpura Colony, Near Bus Stand “O” Mile, PO Bahadurpur, PS O Mile District Bhagalpur. 3. Manmohan Jha, S/o Late Satya Narayan Jha, resident of Village + PO Basukinath Dham, PS Jarmundi, District Dumka. 4. Mandan Mohan Pandey, S/o Late Ambika Pandey, resident of Village Pandey Tola (Tejpurwa), PO Sonwal, PS Malahi, District East Champaran. 5. Bindeshwari Mishra, S/o Late Jaymangal Mishra, resident of Village Shanti Nagar Dumra Cotton Factory Road, Lane No. 7, PO & PS Dumra, ….. Respondents District Sitamarhi, Bihar. With LPA No. 66 of 2019 1.The State of Jharkhand. 2. The Principal Secretary, Department of Agriculture, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 3. The Principal Secretary, Food, Public Distribution and Consumer Affairs, Govt. of Jharkhand, Officiating at Nepal House, PO & PS Doranda, District 9 LPA No. 142 of 2018 with batch matters Ranchi. 4. The Director, Department of Agriculture, Govt. of Jharkhand, Officiating at Agriculture Directorate, Nepal House, PO & PS Doranda, District Ranchi. 5. The Principal Secretary, Finance Department, Officiating at Project Building, PO Dhurwa, PS Jagannathpur, District Ranchi. ….. Appellants - Versus- 1. Shambhu Prasad, S/o Late Harihar Prasad, resident of 302, Golden House, Patliputra Residency, Anandpuri, PO, GPO, PS SK. Puri, District Patna. 2. The Accountant General, Jharkhand, Doranda, PO & PS Doranda, District …. Respondents Ranchi. With LPA No. 76 of 2019 1.The State of Jharkhand. 2. The Secretary, Department of Agriculture and Sugarcane Development, Govt. of Jharkhand, Nepal House, PO & PS Doranda, District Ranchi. 3. The Director, Department of Agriculture and Sugarcane, Govt. of Jharkhand, Officiating at Krishi Bhawan, Kanke Road, PO Ranch University, PS Gonda, District Ranchi. 4. The Joint Director, Agriculture Santhal Pargana Range, Dumka, PO, PS & District Dumka. 5. The Deputy Director, Department of Agriculture and Sugarcane, Krishi ….. Appellants Bhawan, PO & PS Kanke, District Ranchi. - Versus- 1. Dhirendra Srivastava, S/o Sri Achyuta Nand Sahay, resident of Hijla Road, Dangal Para, Dumka, PO, PS & District Dumka. 2. The Secretary, Department of Finance, Project Building, PO & PS Dhurwa, District Ranchi. 3. The Accountant General, office at Doranda, PO & PS Doranda, District …. Respondents Ranchi. CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON’BLE MR. JUSTICE RATNAKER BHENGRA ------- For the Appellants ------ : Mr. Jai Prakash, AAG-IA Ms. Omiya Anusha, AC to AAG-IA [in all cases] Ms. Sunita Kumari, AC to Sr.SC-II [in LPA No. 76 of 2019] For the Respondent Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, 12, 14, 16, 18, 21, 23 & 26 : Mr. Naresh Prasad Singh, Advocate Mr. Arvind Kr. Singh, Advocate [in LPA No. 142 of 2018] For the Respondent No.1 : Mr. Naresh Prasad Singh, Advocate [in LPA No. 288 of 2018] Mr. Arvind Kr. Singh, Advocate For the Respondent Nos. 1, 2 & 3 : Mr. Naresh Prasad Singh, Advocate [in LPA No. 289 of 2018] Mr. Arvind Kr. Singh, Advocate 10 LPA No. 142 of 2018 with batch matters For the Respondent No.1 : Mr. Naresh Prasad Singh, Advocate Mr. Arvind Kr. Singh, Advocate [in LPA No. 440 of 2018] For the Respondent No.1 : Mr. Naresh Prasad Singh, Advocate Mr. Arvind Kr. Singh, Advocate [in LPA No. 458 of 2018] For the Respondents : Mr. Naresh Prasad Singh, Advocate Mr. Arvind Kr. Singh, Advocate [in LPA No. 76 of 2019] For the Respondent No.2 : Dr. Ashok Kumar Singh, Advocate For the Respondents For the Respondent Mr. Shivam Singh, Advocate [in LPA No. 443 of 2018] : Mr. Krishna Murari, Advocate Mr. Raj Vardhan, Advocate Md. Ashghar, Advocate [in LPA Nos. 444 of 2018] : Mr. Birendra Burman, Advocate [in LPA Nos. 287 of 2018 & 661 of 2018] For the Respondent No.1: Mr. S. Shrivastava, Advocate Mr. Sunil Singh, Advocate [in LPA No. 661 of 2018] For the Respondent No.19 : Mr. Abhishek Sriwastava, Advocate For the Respondents [in LPA No. 142 of 2018] : Mr. Indrajit Sinha, Advocate Mr. Arpan Mishra, Advocate Ms. Anjali Sinha, Advocate [in LPA No. 217 of 2018] For the Respondents : Mr. Saurav Arun, Advocate Ms. Rinki Kumari, Advocate Mr. Sharon Kerketta, Advocate [in LPA No. 66 of 2019] For the Respondent Nos. 24, 27, 28, 29, 30 & 32 For the Respondent For the Respondent : Mr. Manoj Tandon, Advocate Ms. Neha Bhardwaj, Advocate Mr. Adamya Kerketta, Advocate [in LPA Nos. 142 of 2018] : Mr. Sunil Kumar Sinha, Advocate [in LPA Nos. 700 of 2018] : Mr. Binit Chandra, AC to GA (Bihar) [ in LPA No. 142 of 2018] ------ 7th February 2023
Decision
O R D E R Per, Shree Chandrashekhar,J. I.A. No. 2557 of 2018 [in LPA No. 142 of 2018], I.A. No. 3881 of 2018 [in LPA No. 217 of 2018], I.A. N o. 4733 of 2018 [in LPA No. 287 of 2018], I.A. No. 4727 of 2018 [in LPA No. 289 of 2018], 11 LPA No. 142 of 2018 with batch matters I.A. No. 7311 of 2018 [in LPA No. 440 of 2018], I.A. No. 7422 of 2018 [in LPA No. 443 of 2018], I.A. No. 7425 of 2018 [in LPA No. 444 of 2018], I.A. No. 7669 of 2018 [in LPA No. 457 of 2018], I.A. No. 7675 of 2018 [in LPA No. 458 of 2018], I.A. No. 10187 of 2018 [in LPA No. 661 of 2018], I.A. No. 10585 of 2018 [in LPA No. 700 of 2018], I.A. No. 10590 of 2018 [in LPA No. 701 of 2018], and I .A. No. 1007 of 2019 [in LPA No. 66 of 2019] The aforesaid I.A. Nos. 2557 of 2018, 3881 of 2018, 4733 of 2018, 4727 of 2018, 7311 of 2018, 7422 of 2018, 7425 of 2018, 7669 of 2018, 7675 of 2018, 10187 of 2018, 10585 of 2018, 10590 of 2018 and 1007 of 2019 have been filed for condonation of delay ranging between 61 days to 611 days in preferring the respective Letters Patent Appeals. 2. The reasons assigned in these interlocutory applications for condonation of delays do not reflect sufficient cause shown by the State of Jharkhand. Also, no plausible explanation has been offered for condoning the delays in filing these Letters Patent Appeals. 3. Notwithstanding that, we are inclined to allow these applications. First, there is no serious opposition by the learned counsels appearing for the private respondents. Secondly, the State of Jharkhand has raised a contentious issue which requires hearing and for that purpose we are required to look into the merits of the matter. 4. 5. The aforesaid interlocutory applications stand allowed. I.A. No. 5811 of 2021 [in LPA No. 142 of 2018] On account of death of the respondent no.19, this application for substitution has been filed. 6. This application is supported by an affidavit of Mr. Abhishek Kumar who is son of the respondent. 7. In this application, it is stated that Mr. Abhishek Kumar who is the son of Mr. Sunil Kumar Sinha is one of the surviving legal heirs/successors of the ex-employee. 8. In view of the aforesaid, I.A. No. 5811 of 2021 is allowed to the extent that Mr. Abhishek Kumar is substituted in place of the respondent no.19 [in W.P.(S) No. 889 of 2014] only for the purposes of prosecuting the 12 LPA No. 142 of 2018 with batch matters present Letters Patent Appeal. 9. Let necessary corrections be done by the learned counsel for the respondent no.19 in the memo of parties during course of the day, with red ink. I.A. Nos. 1743 and 3604 of 2022 [in LPA No. 217 of 2018] 10. On account of death of the respondent no.8, an application for substitution vide I.A. No. 3604 of 2022 has been filed. 11. This application is supported by an affidavit of Mrs. Anita Kumari who is wife of the respondent no.8. 12. In this application, it is stated that Mrs. Anita Kumari (wife), Sandeep Kumar, Manish Kumar and Pratap Mehta are the widow and sons of Mr. Ishwar Singh who are the surviving legal heirs/successors of the ex-employee. 13. In view of the aforesaid, I.A. No. 3604 of 2022 is allowed to the extent that Mrs. Anita Kumari (wife), Sandeep Kumar, Manish Kumar and Pratap Mehta (all sons of Mr. Ishwar Singh) are substituted in place of the respondent no.8 [in W.P.(S) No.1101 of 2014] only for the purposes of prosecuting the present Letters Patent Appeal. 14. I.A. No. 1743 of 2022 in LPA No. 217 of 2018 for deleting the name of respondent no.8 is, accordingly, disposed of. 15. Let necessary corrections be done by the learned counsel for the respondent no.8 in the memo of parties during course of the day, with red ink. I.A. No. 1278 of 2021 [in LPA No. 458 of 2018] 16. On account of death of the sole respondent, this application for substitution has been filed. 17. This application is supported by an affidavit of Mrs. Rekha Devi who is wife of the respondent. 18. In this application, it is stated that Mrs. Rekha Devi is one of the surviving legal heirs/successors of the ex-employee. 19. In view of the aforesaid, I.A. No. 1278 of 2021 is allowed to the extent that Mrs. Rekha Devi is substituted in place of the sole respondent only for the purposes of prosecuting the present Letters Patent Appeal. 20. Let necessary correction be done by the learned counsel for the respondent in the memo of party during course of the day, with red ink. LPA No. 142 of 2018, 13 LPA No. 142 of 2018 with batch matters LPA No. 217 of 2018, LPA No. 287 of 2018, LPA No. 288 of 2018, LPA No. 289 of 2018, LPA No.440 of 2018, LPA No.443 of 2018, LPA No.444 of 2018, LPA No.457 of 2018, LPA No.458 of 2018, LPA No.661 of 2018, LPA No.700 of 2018, LPA No.701 of 2018, LPA No.66 of 2019, and LPA No. 76 of 2019 21. A batch of writ petitions has been decided by the writ Court vide order dated 18th December 2017. 22. The cause of action for the writ petitioners (hereinafter referred to as respondents) to approach the High Court arose when the order contained in memo no. 263 dated 22th January 2014 was issued by the State of Jharkhand. 23. By the aforesaid order, the pay-scale of the officers of the Jharkhand Agriculture Subordinate Services Category-1 to 9 under the Assured Career Progression scheme (in short, ACP scheme) has been reduced. 24. By this order, the officers under Category-1 to 9 have been held entitled for the pay-scale of Rs.5500-9000/- on grant of 1 st ACP and the pay- scale of Rs.6500-10500/- when they qualify for 2nd ACP. 25. The case pleaded by the respondents is that the Notification dated 20th March 2007 by which they were granted 1st ACP in the pay-scale of Rs.6500-10500/- and 2nd ACP in the pay scale of Rs.10000-15200/- could not have been withdrawn by the State of Jharkhand after several years of its implementation and, that too, for a reason that cannot be countenanced in law – that, the Finance Department had raised objection to grant of the aforesaid pay-scales as indicated in the Notification dated 20th March 2007. It is further contended that the Notification dated 22nd January 2014 does not record any 14 LPA No. 142 of 2018 with batch matters reason except that the Finance Department had raised objection. 26. The Notification dated 22nd January 2014 reads as under: >kj[k.M ljdkj d`f"k ,oa xUuk fodkl foHkkx lafpdk la0&263 jkaph] fnukad&22-01-14 dk;kZy; vkns'k d`fZ"k ,oa xUuk fodkl foHkkx ds dk;kZy; vkns'k la0&683] fnuakd 20-03-2007 }kjk d`f"k v/khuLFk lsok ds dksfV&1 ls 9 rd ds inkf/kdkfj;ksa dks 6500&10500@& :0 ds osrueku esa izFke ,0lh0ih0 rFkk 10000&15200 :0 ds osrueku esa f}rh; ,0lh0ih0 Lohd`r djus dk fu.kZ; fy;k x;k FkkA mDr osrueku esa iznÙk izFke o f}rh; ,0lh0ih0 foÙk foHkkx] >kj[kaM ljdkj }kjk vkifÙk dh x;h gS rFkk mDr osrueku ds foÙkh; fu;eksa o ifji=ksa ds izfrdwy crk;k x;k gSA foÙk foHkkx }kjk ;g ijke'kZ fn;k x;k gS fd d`f"k v/khuLFk lsok ds dksfV&1 ls 9 rd ds inkf/kdkfj;ksa dks izFke ,0lh0ih0 ds :i esa 5500&9000@&:0 rFkk f}rh; ,0lh0ih0 ds :i esa 6500&10500@& :0 vuqekU; gSA foÙk foHkkx }kjk fn;s x, ijke'kZ ds vkyksd esa d`f"k v/khuLFk lsok ds dksfV&1 ls 9 rd ds inkf/kdkfj;ksa dks izFke ACP ds :i esa 5500&9000@& :0 rFkk f}rh; ,0lh0ih0 ds :i esa 6500&10500@& :0 dk osrueku vuqekU; fd;k tkrk gSA foHkkxh; dk;kZy; vkns'k la0&683 fnuakd&20-03-2007 dks bl gn rd la'kksf/kr le>k tk;A ¼g0@&vLi"V½ ljdkj ds lfpoA Kkikad&263 jkaph] fnuakd 22-01-14 izfrfyfi& funs'kd d`f"k] >kj[k.M] jkaph@funs'kd m|ku] >kj[k.M] jkaph@funs'kd Hkwfe laj{k.k] >kj[kaM] jkaph dks lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA funs'k fn;k tkrk gS fd foHkkxh; dk;kZy; vkns'k la0&683] fnuakd 20-03-2007 ds vkyksd esa izklafxd ftu dfeZ;ksa dks ,0lh0ih0 Lohd`r fd;k x;k gS mUgsa vfoyac jí djrs gq, la'kksf/kr vkns'k fuxZr fd;k tk, rFkk bl dze esa dksfV&1 ls 9 rd ds dfeZ;ksa }kjk yh xbZ vf/kd jkf'k dh olwyh lqfuf'pr dh tk,A ¼g0@&vLi"V½ ljdkj ds lfpoA Kkikad&263 @d`0] jkaph] fnuakd 22-01-14 izfrfyfi& iz/kku lfpo] foÙk foHkkx >kj[kaM] jkaph dks lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA ¼g0@&vLi"V½ ljdkj ds lfpoA Kkikad&263 @d`0] jkaph] fnuakd 22-01-14 izfrfyfi& egkys[kkdkj >kj[k.M] jkaph dks 15 LPA No. 142 of 2018 with batch matters lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA ¼g0@&vLi"V½ ljdkj ds lfpoA Kkikad&263 @d`0] jkaph] fnuakd 22-01-14 izfrfyfi& la;qDr d`f"k funs'kd lg&fu;a=d eki rkSy >kj[kaM] jkaph@lHkh la;qDr d`f"k funs'kd@la;qDr bZ[kk;qDr >kj[kaM] jkaph@lHkh ftyk d`f"k inkf/kdkjh@lHkh ftyk Hkwfe laj{k.k inkf/kdkjh@lHkh ftyk m|ku inkf/kdkjh] dks lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA ¼g0@&vLi"V½ ljdkj ds lfpoA Kkikad&263 @d`0] jkaph] fnuakd 22-01-14 izfrfyfi& voj lfpo] oS;fDrd nkok fu/kkZj.k dks"kkax] foÙk foHkkx >kj[kaM] jkaph dks lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA ¼g0@&vLi"V½ ljdkj ds lfpoA English Translation Government of Jharkhand Department of Agriculture and Sugarcane Development File No. 263 Ranchi, dated 22.01.14 Office Order Vide Officer Order No. 683 dated 20.03.2007 of the Department of Agriculture and Sugarcane Development, it was decided to approve first A.C.P. in the pay-scale of Rs.6500-10500/- and second A.C.P. in the pay-scale of Rs.10000-15200/- to the officers of Sub-ordinate Agricultural Service from Grade-1 to 9. The Finance Department, Government of Jharkhand has raised objection against the first and second A.C.P. granted in the aforesaid pay-scale and the aforesaid pay- scales being contrary to the Financial rules and circulars. It is advised by the Finance Department that first A.C.P. in the pay-scale of Rs. 5500-9000/- and second A.C.P. in the pay- scale of Rs. 6500-10500/- are admissible to the officers of Sub-ordinate Agricultural Service from Grade-1 to 9. In pursuance of advice of the Finance Department, pay-scale of Rs. 5500-9000/- as first A.C.P. and pay-scale of Rs. 6500-10500/- as second A.C.P. are admissible to the officers of Sub-ordinate Agricultural Service from Grade-1 to 9. Departmental Office Order No. 683 dated 20.03.2007 is deemed to be modified to this extent only. Sd/-Illegible 20/01/14 Secretary to the Government Memo No. 263 Ranchi, Dated 22.01.14 Copy forwarded to the Director of Agriculture, Jharkhand, Ranchi/Director of Horticulture, Jharkhand, Ranchi/Director of Soil Conservation, Jharkhand, Ranchi for information and 16 LPA No. 142 of 2018 with batch matters necessary action. It is directed to issue modified order after immediately cancelling A.C.P. granted to those employees in pursuance of Departmental Office Order No. 683 dated 20.03.07 and in this sequence ensure recovery of the excess amount received by the officials from Grade-1 to 9. Sd/-Illegible 22/01/14 Secretary to the Government Memo No. 263 Kri. Ranchi, dated 22.01.14 Copy forwarded to:-The Principal Secretary, Finance Department, Jharkhand, Ranchi for information and necessary action. Sd/-20.01.14 Secretary to the Government Memo No. 263 Kri. Ranchi, dated 22.01.14 Copy forwarded to:-The Accountant General, Jharkhand, Ranchi for information and necessary action. Sd/-20.01.14 Secretary to the Government Memo No. 263 Kri. Ranchi, dated 22.01.14 Copy forwarded to:-The Joint Director-cum-Controller Weight and Measurement, Jharkhand, Ranchi/All Joint Director of Agriculture/The Joint Commissioner of Sugarcane, Jharkhand, Ranchi/All District Agriculture Officer/All District Soil Conservation Officer/All District Horticulture Officer for information and necessary action. Sd/-20.01.14 Secretary to the Government Memo No. 263 Kri. Ranchi, dated 22.01.14 Copy forwarded to:-The Under Secretary, Personal Claim Settlement Cell, Finance Department, Jharkhand, Ranchi for information and necessary action. Sd/-20.01.14 Secretary to the Government 27. The writ Court has referred to the judgments in “R.T. Rangachari v. Secretary of State” AIR 1937 Privy Councils 27, “H.C. Suman v. Rehabilitation Ministry Employees Cooperative House Building Society Ltd., New Delhi” (1991) 4 SCC 485, “S. Nagaraj v. State of Karnataka” 1993 Supp. (4) SCC 595 and “Col. B.J. Akkara (Retd.) v. Govt. of India” (2006) 11 SCC 709, to hold that the decision taken by the State of Jharkhand was flawed in law and an order of recovery of the excess payment could not have been made against the writ petitioners. 28. The writ Court has held as under: “8. In view of the above facts, the impugned orders are not tenable in the eyes of law on the following grounds:- (i) There are promotional avenues available to the 17 LPA No. 142 of 2018 with batch matters petitioners in Agriculture Services Class-II and hence, considering the said pay-scale, office order No. 683 dated 20.03.2007 was issued. The Respondents come to a wrong conclusion considering the Category-IX of the Agriculture Subordinate Service as the posts having no promotional avenues and have downgraded the pay- scale in the scale of Rs.5500-9000 and Rs.6500-10500. (ii) The order of recovery is not sustainable in the eyes of law in view of the facts that there is no any misrepresentation on the part of the petitioners for getting the said pay-scale and neither any fraud has been played by them. The issue has already been set at rest in catena of decisions rendered by the Hon’ble Apex Court as well as by the Hon’ble High Courts. (iii) The benefits which was given by the State of Bihar cannot be taken away illegally and arbitrarily by the State of Jharkhand after bifurcation. 9. The Hon’ble Apex Court in case of R.T. Rangachari Vs. Secretary of State, reported in AIR 1937 PC 27 has held as follows:- “In a case in which after Government Officials, duly competent and duly authorized in that behalf, have arrived honestly at one decision, their successors in office, after the decision has been acted upon and is in effective operation, cannot purport to enter upon a reconsideration of the matter and to arrive at another and totally different decision.” Further, in case of H.C. Suman and Another Vs. Rehabilitation Ministry Employees Cooperative House Building Society Ltd., New Delhi and Others, reported in (1991) 4 SCC 485, the Hon’ble Apex Court has held that “once a quasi-judicial order becomes final, it cannot be reviewed by the same authority passing the same order unless such power is conferred by statute on the authority”. The Hon’ble Apex Court in case of S. Nagaraj and Ors. Vs. State of Karnataka and Anr., reported in 1993 Supp. (4) SCC 595, has observed as under:- “12....Law on the binding effect of an order passed by a court of law is well settled. Nor there can be any conflict of opinion that if an order had been passed by a court which had jurisdiction to pass it then the error or mistake in the order can be got corrected by a higher court or by an application for clarification, modification or recall of the order and not by ignoring the order by any authority actively or passively or disobeying it expressly or impliedly. Even if the order has been improperly obtained the authorities cannot assume on themselves the role of substituting it or clarifying and modifying it as they consider proper. In Halsbury's Laws of England (Fourth Edn., Vol. 9 p. 35, para 55) the law on orders improperly obtained is stated thus: “The opinion has been expressed that the fact that an order ought not to have been made is not a sufficient excuse for disobeying it, that disobedience to it 18 LPA No. 142 of 2018 with batch matters constitutes a contempt, and that the party aggrieved should apply to the court for relief from compliance with the order.” Any order passed by a court of law, more so by the higher courts and especially this court whose decisions are declarations of law are not only entitled to respect but are binding and have to be enforced and obeyed strictly. No court much less an authority howsoever high can ignore it. Any doubt or ambiguity can be removed by the court which passed the order and not by an authority according to its own understanding.” 10. It is clear from the order dated 20.03.2007 that it has been issued in pursuance to the order and direction issued in W.P.(S). 2128 of 2005 in case of Kedar Nath Choubey & Ors. Vs. State of Jharkhand & Ors. and in view order dated 11.05.2005, a Committee was constituted vide resolution No. 1837 dated 11.08.2005, headed by the Director of the Agriculture Department and it was finalized by its decision dated 19.08.2005 that the employees of Bihar Agriculture Subordinate Services are entitled for the benefit of 1st ACP of Rs.6500-10500 and 2nd ACP of Rs.10,000-15,200 and it was approved by the Finance Department and Clause 3(X) was deleted and as such orders dated 22.01.2014 issued by the Secretary of the concerned Department and order dated 07.02.2014 issued by the Director of the concerned Department, reviewing the earlier order dated 20.03.2007, are not tenable in the eyes of law and also in view of the fact that when Clause 3(X) was repealed subsequently, it cannot reviewed by giving retrospective effect. 11. So far as recovery is concerned, there has been no misrepresentation or fraud on the part of the petitioners. The Hon’ble Apex Court in case of Col. B.J. Akkara (Retd.) vs. Govt. of India, reported in (2006) 11 SCC 709 has held that, “recovery of excess wrong payment of emoluments/ allowances of an employee is not permissible if: (a) The excess payment was not made on account of any misrepresentation or fraud on the part of the employee. (b) Such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous.” The same principle has been reiterated by the Hon’ble Supreme Court in the case of State of Punjab vs. Rafiq Masih (whitewasher) & Ors., reported in (20015) 4 SCC 334. Para-18 of the said judgment is reproduced herein below: “18. It is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to hereinabove, we may, as a ready reference, summarize the following few situations, wherein recoveries by the 19 LPA No. 142 of 2018 with batch matters employers, would be impermissible in law: (i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service). (ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery. (iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. (v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover.” This view has also been reiterated by the Hon’ble Apex Court in case of Kusheshwar Nath Pandey Vs. State of Bihar & Ors., reported in (2013) 12 SCC 508, wherein it has been held that benefits given long back cannot be reviewed and altered to the disadvantage of the employees even if it has wrongly been given and there is no misrepresentation on behalf of the employees. Thus, from perusal of the judgments, referred to above, it emerges that if excess payment is not made on account of any misrepresentation or fraud on the part of the employees, and such payment was made by the employer by applying wrong principle for calculating such allowances on the basis of particular interpretation which is subsequently found erroneous, recovery of such excess payment cannot be made. 12. As a cumulative effect of the aforesaid observations, rules, guidelines, judicial pronouncements and legal propositions, the impugned order dated 22.01.2014 issued by the Secretary of the concerned Department and order dated 07.02.2014 issued by the Director of the concerned Department, reviewing the earlier order dated 20.03.2007, are hereby quashed and set aside. As the petitioners have already been retired, if any amount has been recovered, the same should be refunded to them within a period of six weeks from the date of receipt/production of a copy of this order and if amount has not been recovered, the same shall not be recovered in future. Needless to say that the petitioners are entitled for the pay-scale of Rs.6500-10500 on account of grant of 1st ACP and Rs.10000-15200 by way of 2nd ACP. 13. So far as the petitioners in W.P.(S). Nos. 6209 of 2012, 6270 of 2012 and 3767 of 2013 are concerned, they are aggrieved by the action of the State Government, whereby, their demand regarding grant of pay-scale of Rs.8000- 13500 is not accepted. Though, the impugned order dated 22.01.2014 is not under challenge in these writ petitions but the same is applicable to these petitioners also. The fate of these petitioners shall also be guided by the decision as rendered above. 20 LPA No. 142 of 2018 with batch matters 14. With respect to petitioner in W.P.(S). No. 5238 of 2016, since the petitioner has already retired on 31.01.2013 and the order of recovery was passed by the State of Jharkhand on 06.07.2015 i.e. after his retirement, in view of settled propositions of law, as discussed above, the petitioner is entitled for the benefits of 1st and 2nd ACP, as it was given by the State of Bihar and hence, no recovery could have been made by the State of Jharkhand and also the order of recovery dated 06.07.2015, after retirement, is not tenable in view of legal propositions, as discussed above and as such, in the instant case, the order dated 06.07.2015 is also quashed and set aside. If any amount has been recovered, the same should be refunded to him within a period of six weeks from the date of receipt/production of a copy of this order and if amount has not been recovered, the same shall not be recovered in future. Further, the respondent shall also consider the case of this petitioner (in W.P.S. No. 5238 of 2016) regarding grant of increments for the year 2011 and 2012, in accordance with law and if it is found admissible, the same may be granted to the petitioner.” 29. The aforesaid direction by the writ Court has been challenged by the State of Jharkhand primarily on the ground that in absence of any Service Rules the respondents could not have claimed the pay-scale of Rs.6500- 10500/- on grant of 1st ACP and pay-scale of Rs.10000-15200/- on grant of 2nd ACP, as they are working on a post which does not carry any promotional avenue for them. According to the State of Jharkhand, the ACP scheme provides that a government employee shall be entitled to the pay-scale admissible to the next higher post in the hierarchy of posts. It is contended that for the respondents who are the officers of the Jharkhand Agriculture Subordinate Services Category-1 to 9 and were in the pay-scale of Rs.5000- 8000, the pay-scales provided under Appendix-I to the ACP scheme for the next higher grade (not the post) are admissible. 30. Mr. Jai Prakash, the learned Additional Advocate General has submitted that the financial benefits to a government employee can be granted within the parameters of the Notification dated 14th August 2002 (ACP scheme) and not in any other manner. It is contended that the respondents are entitled for the next higher pay-scale under Appendix I to the ACP scheme as the post of Inspector/Weight & Measure is a stand-alone post. The learned Additional Advocate General has referred to Ground No. IX in the memorandum of appeal to submit that it was on account of an objection raised by the Finance Department which did not accord its concurrence to the Notification dated 20th March 2007, on account of which 21 LPA No. 142 of 2018 with batch matters the order contained in the Notification dated 22nd January 2014 has been issued by the State of Jharkhand. 31. On the other hand, the respondents have placed reliance on the order passed by this Court in W.P.(S) No. 2128 of 2005 title “Kedar Nath Choubey and others v. State of Jharkhand and others” by which a direction was issued by this Court to constitute a Committee and take a decision on the claims of the officers of the Department of Jharkhand Agriculture Subordinate Services Category-1 to 9. 32. In W.P.(S) No. 2128 of 2005 the writ Court has issued the following directions: “Petitioners who are the retired Officers of the Department of Agriculture of the State Government moved this Court by filing the instant writ petition seeking direction upon the respondents to allow the Second Time Bound Promotion to them on completion of 25 years of regular and satisfactory service. The contention of the petitioners is that all of them retired after 9.8.1999 except petitioner no.4 and under the Assured Career Progression Scheme petitioners are entitled to get financial benefits. The benefit of Assured Career Progression Scheme is subject to fulfillment of some conditions which is to be looked into by the Screening Committee or the Committee so authorized by the Government. At this stage, this Court cannot issue mandamus directing the respondents to give monetary benefit under the Assured Career Progression Scheme. In the background of the aforesaid facts, this Court direct the Secretary, Deptt. of Agriculture, Govt. of Jharkhand to consider the claim of the petitioners by himself or by constituting a Committee and also take a final decision in accordance with law within a period of two months from the date of receipt/production of a copy of this order alongwith a copy of the detailed representation.” 33. According to the respondents, the State of Jharkhand constituted a Committee in compliance of the aforesaid direction passed by this Court and the recommendations of the Committee were accepted by the State of Jharkhand and, in pursuance thereof, the Notification dated 20th March 2007 was issued. 34. The Notification dated 20th March 2007 is extracted hereinbelow: >kj[k.M ljdkj d`f"k ,oa xUuk fodkl foHkkxA dk0 vkns'k la0&1@d`0LFkk0 ¼fof/k½&14@06 683 22 LPA No. 142 of 2018 with batch matters d`0] jkaph] fnukad&20-3-07 dk;kZy; vkns'k foRr foHkkx] >kj[k.M ljdkj] jkaph ds ladYi la[;k&5207@fo0 fnukad 14-8-2002 ds vkyksd esa d`f"k v/khuLFk lsok osrueku 5000&8000 ds dksfV&1 ls 9 rd ds >kj[k.M jkT; esa dk;Zjr dfeZ;ksa dks 6500&10500 esa ,0lh0ih0 ykHk ,oa osrueku&10000&15200 :0 esa f}rh; ,0lh0ih0 ykHk ls lacaf/kr fofo/k dk;kZy; vkns'k d`f"k funs'kky;@Hkwfe laj{k.k funs'kky;] >kj[kaM] jkaph }kjk fuxZr fd;k x;k FkkA osru lEiqf"V ds lanHkZ esa foRr foHkkx] >kj[k.M] jkaph }kjk bl laca/k esa vkifÙk izdV dh xbZ rFkk izFke ,0lh0ih0 ykHk 5500&9000 :0 esa ,oa f}rh; ,0lh0ih0 ykHk 6500&10500 :0 esa nsus dk ijke'kZ fn;k x;kA QyLo:i foHkkxh; Kkikad&2566 fnuakd 26-8-04] funs'kky; ds dk;kZy; vkns'k la0&78] fnuakd 20-12- 2004 ,oa foHkkxh; vkns'k Kkikad&1194 fnuakd 26-5-06 }kjk mDr ,0lh0ih0 ykHk ls lacaf/kr vkns'k dks rRdky fujLr djrs gq, foRr foHkkx ds ijke'kkZuqlkj izFke ,0lh0ih0 5500&9000 rFkk f}rh; ,0lh0ih0 6500&10500 :0 esa nsus dk vkns'k fuxZr fd;k x;kA bl lanHkZ esa MCyw0ih0,l0 la0&2128@05 dsnkj ukFk pkScs ,oa vU; cuke >kj[kaM ljdkj ,oa vU; esa fnukad 11-5- 2005 dks ekuuh; >kj[kaM mPp U;k;ky; }kjk ikfjr vkns'k ds vkyksd esa foHkkxh; ladYi la0&1837 fnuakd 11-8-05 }kjk d`f"k funs'kd] >kj[kaM] jkaph dh v/;{krk esa ,d lfefr xfBr dh xbZA lfefr }kjk fnuakd 19-8-2005 dks bl lanHkZ esa fu.kZ; fy;k x;k fd d`f"k v/khuLFk lsok laoxZ ds fofHkUu dksfV;ksa dk fu/kkZfjr in lksiku gSA vr% izFke ,0lh0ih0 izksUufr osrueku&6500&10500 :0 esa ,oa f}rh; ,0lh0ih0 izksUufr 10000&15200 :0 esa fn;k tk;A blh chp Jh dsnkj ukFk pkScs ,oa Jh lhrkjke flag }kjk ekuuh; >kj[kaM mPp U;k;ky; esa voekuuk okn nk;j fd;k x;kA lkFk gh d`f"k v/khuLFk lsok dk dSMj foHkktu ds i'pkr~ fcgkj jkT; ls >kj[k.M jkT; esa cgqr ls ,sls inkf/kdkfj;ksa }kjk ;ksxnku fn;k x;k ftUgsa 6500&10500 :0 esa izFke ,0lh0ih0 ,oa 10000&15200 :0 esa f}rh; ,0lh0ih0 ykHk fey jgk FkkA vr% leku dk;ksZa ds fy, leku osru ds fl)kUr dk vuqikyu ekuuh; >kj[kaM mPp U;k;ky; }kjk ikfjr U;k;kns'k vuqikyu ,oa dSMj esa vuq:irk dks n`f"V esa j[krs gq, foHkkx }kjk foRr foHkkx dk /;ku bl fcUnq ij vkd`"V fd;k x;k rFkk ekeys ds fu"iknu dk vuqjks/k fd;k x;kA 3- foRr foHkkx }kjk ekeys dk lE;d~ fopkjksijkUr mDr ladYi la0&5207@fo0 fnuakd 14-08-2002 dh dafMdk&3 dh mi dafMdk&X ,oa XVI esa fuEu:is.k la'kks/ku djus dk fu.kZ; fy;k gS%& **dafMdk&3 ¼X½ ds va'k **ijUrq ,dy in ,oa ,sls in@&lewg@lEoxZ ftlesa fof'k"V :i ls in&lksiku ugha cus gq, gSa vkSj lh/ks jkT; lsok@lEoxZ esa dqN izfr'kr in gh izksUufr gsrq d.kkZafdr gS] muds laca/k esa lEc) ea=ky;@foHkkx }kjk vuqlwph&1 esa fufnZ"V osrueku ds rqjUr ckn okys osrueku esa gh f}rh; mUu;u fn;k tk;sxk** dks 23 LPA No. 142 of 2018 with batch matters ladYi ds fuxZeu dh frfFk ls ,rn~ }kjk foyksfir fd;k tkrk gS**A vr% foRr foHkkxh; la'kks/ku ds vkyksd esa rFkk foRr foHkkxh; i=kad&636@fo0 fnuakd 08-3-07 ds Øe esa fuxZr foHkkxh; Kkikad&1194 fnuakd 26-5-06] i=kad 2566 fnuakd 26-8-04 ,oa Hkwfe laj{k.k funs'kky;] >kj[kaM] jkaph }kjk fuxZr dk;kZy; vkns'k la0&78 fnuakd 20-12-04 dks fujLr fd;k tkrk gSA d`f"k funs'kd@funs'kd] Hkwfe laj{k.k }kjk d`f"k v/khuLFk lsok ds csfld xzsM osrueku 5000&8000 :0 dksfV&1 ls 9 rd ds inkf/kdkfj;ksa dks iwoZ esa nh x;h ,0lh0ih0 izksUufr ykHk ds vk/kkj ij in lksiku ds vuqdwy izFke ,0lh0ih0 osrueku&6500&10500 :0 esa ,oa f}rh; ,0lh0ih0 osrueku&10000&15200 :0 esa ns; gksxhA ¼,0 ds0 ljdkj½ ljdkj ds iz/kku lfpoA Kki la[;k&683 d`0] jkaph] fnuakd 20-3-07 izfrfyfi& foRr foHkkx] >kj[kaM] jkaph dks fuxZr ladYi&288@fo0 fnuakd 5-2-2007 ds vkyksd esa lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA ¼g0@&vLi"V½ ljdkj ds iz/kku lfpoA Kki la[;k&683 d`0] jkaph] fnuakd 20-03-07 izfrfyfi& egkys[kkdkj] >kj[kaM] iks0&fguw] jkaph dks lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA ¼g0@&vLi"V½ ljdkj ds iz/kku lfpoA Kki la[;k&683 d`0] jkaph] fnuakd 20-03-07 izfrfyfi& d`f"k funs'kd] >kj[kaM] jkaph@lHkh la;qDr d`f"k funs'kd@izHkkjh fu;a=d] eki&rksy] >kj[kaM] jkaph@la;qDr bZ[kk;qDr] >kj[kaM] jkaph@lHkh ftyk d`f"k inkf/kdkjh@lHkh ftyk Hkwfe laj{k.k inkf/kdkjh dks lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA ¼g0@&vLi"V½ ljdkj ds iz/kku lfpoA Kki la[;k&683 d`0] jkaph] fnuakd 20-03-07 izfrfyfi& foRr ¼oS;fDrd nkok fu/kkZj.k dks"kkax½ foHkkx] >kj[kaM] jkaph dks fuxZr ladYi&288 fo0 fnukad 5-2-2007 ds vkyksd esa lwpukFkZ ,oa vko';d dkjZokbZ gsrq izsf"krA ¼g0@&vLi"V½ ljdkj ds iz/kku lfpoA English Translation Government of Jharkhand Department of Agriculture and Sugarcane Development Office Order No.1/ Kri.Stha.(Vidhi)-14/06 583 Kri. Ranchi Dated 20.03.07 24 LPA No. 142 of 2018 with batch matters Office Order In pursuance of Resolution No. 5207/Vi. dated 14.08.2002 issued by Department of Finance, Government of Jharkhand, Ranchi, a miscellaneous Office Order was issued by the Directorate of Agriculture/Directorate of Soil Conservation, Jharkhand, Ranchi regarding grant of benefit of ACP in pay scale of Rs.6500-10500 and second ACP in pay scale of Rs.10000-15200 to the officers of the Subordinate Agriculture Services serving in grade 1 to 9 in the pay scale of Rs.5000-8000 under the Government of Jharkhand. The Department of Finance, Government of Jharkhand, Ranchi has raised objection with respect to the confirmation of pay and has advised to grant first ACP in the pay scale of Rs.5500-9000 and second ACP in the pay scale of Rs.6500- 10500. As a result, immediately cancelling of orders regarding the said ACP benefit issued vide Departmental Memo. No. 2566 dated 26.08.04, Office Order No. 78 dated 20.12.2004 and Departmental Order Memo. No. 1194 dated 26.05.06 of the Directorate, it is ordered to grant first ACP benefit in the pay scale of Rs.5500-9000 and second ACP benefit in the pay scale of Rs.6500-10500 as advised by Department of Finance. In this regard, in the light of the order dated 11.05.2005 passed by Hon'ble Jharkhand High Court in W.P. (S) No. 2128/05, Kedar Nath Choubey and other versus Government of Jharkhand and others, a committee was constituted vide Departmental Resolution No. 1837 dated 11.08.05 which was headed by the Director of Agriculture, Jharkhand, Ranchi. In this regard, a decision was taken by the committee on 19.08.2005 that there is a prescribed hierarchy for various categories of Sub-ordinate Agriculture Service Cadre. Therefore, the first A.C.P./promotion should be granted in pay-scale of Rs. 6500-10500/- and the second A.C.P./promotion Rs.10000-15200. in pay-scale of Meanwhile, Sri Kedar Nath Choubey and Sri Sita Ram Singh filed a contempt petition in Hon'ble Jharkhand High Court. Besides this, after the cadre division of Sub-ordinate Agriculture Service, many such officers from the State of Bihar, who joined in the services of the State of Jharkhand, were getting Rs. 6500-10500 as first A.C.P. and Rs. 10000- 15200 as second A.C.P. Therefore, in view of the principle of equal pay for equal work, in compliance of the judgment passed by the Hon'ble Jharkhand High Court and in view of maintaining uniformity in the cadre, the Department drew the attention of the Finance Department towards this point and requested for the resolution of the matter. 3. The Finance Department, after due consideration of the matter, has decided to make amendment in Sub-para-X and XVI of Para-3 of the aforesaid Resolution No. 5207/vi. dated 14.08.2002 as follows:- Part of para-3(X), "however, in case of isolated posts and such group of posts /cadre where there is the absence of defined hierarchical grades and some percent of post is directly earmarked in state service/ cadre, financial up-gradation shall be given by the Ministries/Departments concerned in the immediately next higher pay-scales as indicated in Annexure-I", is hereby deleted from the date of issue of the Resolution. Therefore, in view of modification by the Finance Department, the Departmental Memo No. 1194 dated 25 LPA No. 142 of 2018 with batch matters 26.05.06, Letter No. 2566 dated 26.08.04 and the Office Order No. 78 dated 20.12.04 issued by the Directorate of Soil Conservation, Jharkhand, Ranchi issued in pursuance of the Finance Department Letter No. 636/vi. dated 08.03.07 are being cancelled. Therefore, the first A.C.P. in the pay-scale of Rs. 6500-10500/- and second A.C.P. in the pay-scale of Rs. 10000-15200/- shall be admissible according to hierarchy to the Officers of the basic grade pay- scale of Rs. 5000-8000/- from grade 1 to 9 of the Subordinate Agriculture Service by the Director of Agriculture/Director of Soil Conservation. Sd/-20.03.07 (A.K. Sarkar) Principal Secretary to the Government Memo No. 683 Kri. Ranchi, dated 20.03.07 Copy forwarded to:-The Finance Department, Jharkhand, Ranchi in view of issued Resolution No. 288/Vi. dated 5.2.2007 for information and necessary action. Principal Secretary to the Government Sd/-20.03.07 Kri. Ranchi, dated 20.03.07 Memo No. 683 Copy forwarded to:-The Accountant General, Jharkhand, P.O.-Hinoo, Ranchi for information and necessary action. Principal Secretary to the Government Sd/-20.03.07 Memo No. 683 Kri. Ranchi, dated 20.03.07 Copy forwarded to:-The Director of Agriculture, Jharkhand, Ranchi/all Joint Director of Agriculture/the In-charge Controller, Weight and Measurement, Jharkhand, Ranchi/the Joint Commissioner, Sugarcane, Jharkhand, Ranchi/all District Agriculture Officers/all District Soil Conservation Officers for information and necessary action. Principal Secretary to the Government Sd/-20.03.07 Memo No. 683 Kri. Ranchi, dated 20.03.07 Copy forwarded to:-The Finance (Personal Claim Settlement Cell) Department, Jharkhand, Ranchi in view of issued Resolution No. 288/Vi. dated 5.2.2007 for information and necessary action. Principal Secretary to the Government Sd/-20.03.07 35. Therefore, the respondents in this batch of Letters Patent Appeals have raised a plea that once a decision was taken in compliance of the writ Court's order dated 11th May 2005 and such a decision has been notified by the Department of Agriculture and Sugarcane Development, Government of Jharkhand on 20th March 2007, the State of Jharkhand could not have unilaterally withdrawn the benefits so accorded to the respondents. It is submitted that some of the respondents who were employed under the State of Bihar were already granted similar pay-scales by the State of Bihar. 26 LPA No. 142 of 2018 with batch matters The learned counsels appearing for such respondents have submitted that the benefits under the ACP scheme which were accorded to them by the Government of Bihar could not have been withdrawn by the State of Jharkhand. It is stated that the Bihar Agricultural Service Act, 1982 was applicable to such officers under Category-1 to 9 and there was a hierarchy of posts under Schedule-I to the Act of 1982 in terms thereof the ACP benefits have been given to them. 36. From the materials on record, it appears that this was the understanding within the Department of Agriculture and Sugarcane Development, Government of Jharkhand that the government employees who were working on the post of Inspector/Weight & Measure are entitled for the pay-scale of Rs.6500-10500/- as 1st ACP and the pay-scale of Rs.10000- 15200/- on grant of 2nd ACP and, accordingly, such benefits were accorded to the respondents. This becomes so apparent on a glance at the order dated 20th March 2007 which contains the recommendation of the Committee constituted by the Government of Jharkhand in compliance of the order passed by this Court in W.P.(S) No. 2128 of 2005 title “Kedar Nath Choubey and others v. State of Jharkhand and others”. Moreover, in a country like India with a written Constitution and which professes its undying allegiance to the Rule of Law it is necessary that the rights of the parties which have concretised on account of efflux of time should not be tinkered with lightly by the State authorities. An administrative decision if taken on a mistake of fact can be corrected, but then, it is not every mistake which can be permitted to be corrected in the garb of a mistake committed in the past. Though, Mr. Jai Prakash, the learned Additional Advocate General has contended that without concurrence of the Department of Finance the aforesaid ACP benefits were granted to the respondents, it is not in dispute that the decision as contained in the Notification dated 20th March 2007 has been implemented by the State of Jharkhand. Seven years thereafter, the State of Jharkhand has issued the Notification No. 263 dated 22nd January 2014 which has seriously affected the respondents. It is also admitted at bar that all the respondents except a few have by now superannuated from service. Even otherwise, keeping in mind the judgment in “State of Punjab v. Rafiq Masih (whitewasher)” (2015) 4 SCC 334 the order passed by the writ Court that no recovery shall be made from the respondents and if any recovery has been 27 LPA No. 142 of 2018 with batch matters made the amount shall be refunded to the respondents does not call for any interference by this Court. 37. Having regard to the aforesaid facts and circumstances in the case, the writ Court's order as contained in paragraph no.12 of the order dated 22nd January 2014 that the writ petitioners are entitled for the pay-scale of Rs.6500-10500/- on account of grant of 1st ACP and the pay-scale of Rs.10000-15200/- by way of 2nd ACP also does not call for any interference by this Court. However, it is made clear that we have accorded our concurrence to the writ Court's order dated 18th December 2017 in the peculiar facts and circumstances of the case. 38. 39. Accordingly, these Letters Patent Appeals are dismissed. I.A. Nos. 2556 of 2018, 3882 of 2018, 4723 of 2018, 4731 of 2018, 4728 of 2018, 7312 of 2018, 7423 of 2018, 7426 of 2018, 7670 of 2018, 7676 of 2018, 10188 of 2018, 10586 of 2018, 10589 of 2018, 1009 of 2019 and 1067 of 2019 for stay are disposed of. 40. I.A. Nos. 4734 of 2018, 4732 of 2018, 4729 of 2018, 7424 of 2018, 7427 of 2018, 10189 of 2018 and 3883 of 2018 for bringing additional documents are also disposed of. (Shree Chandrashekhar, J.) (Ratnaker Bhengra, J.) Jharkhand High Court, Ranchi Dated: 7th February, 2023 RKM-NAFR