The High Court
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5125 of 2023 --- 1. Rana Pratap Singh 2. Bachchu Prasad Singh 3. Md. Shahid Ansari 4. Binod Prasad Singh 5. Ganesh Prasad Singh 6. Narendra Prasad Sah 7. Shyam Prasad Singh 8. Hari Mohan Singh 9. Arun Charan Dwari 10. Bhagirath Singh 11. Janardan Prasad Singh 12. Yadunandan Yadav 13. Sarbanand Singh 14. Jaideo Yadav 15. Lal Mohan Pathak 16. Mahabir Patel 17. Ramakant Prasad Singh 18. Bakhori Singh 19. Gopal Singh 20. Rabindra Nath Pandey 21. Talkeshwar Singh 22. Pancham Rai 23. Lakhan Sharma 24. Sarweshwar Singh 25. Awdhesh Prasad Singh 26. Krishna Prasad Singh 27. Nawal Kishore Pandey 28. Tripurari Pd. Sinha 29. Ramlakhan Prasad 30. Bhairwa Nandan Jha 31. Nand Kishore Singh 32. Dudheshwar Prasad 33. Nagendra Kr. Pathak 34. Mohan Lal 35. Suresh Kumar Jha 36. Surya Vanshi Mahato 37. Md. Aquil Ahmad 38. Misri Prasad 39. Krishna Dev Prasad 40. Ram Babu Ram 41. Ram Rijan Prasad Sah 42. Rameshwar Singh Yadav 43. Badri Narayan Singh 44. Surendra Prasad 45. Nageshwar Thakur 46. Indrajeet Singh 47. Raghubans Prasad Singh 2 48. Lalan Singh 49. Ramakant Rai 50. Vijay Sharma 51. Rajeshwar Prasad Singh 52. Surendra Kumar Singh 53. Md. Abu Saleh 54. Abdul Kalim 55. Paltu Ram 56. Gopal Lal 57. Jamuna Singh 58. Jitendra Kumar Sinha 59. Madhav Sharma 60. Guna Nand Chaudhary 61. Swadhin Bandopadhyay 62. Binod Kumar Singh 63. Moti Lal Rai 64. Gopal Prasad Singh 65. Nandlal Kapariya 66. Lalan Kumar Ray 67. Ramdeo Yadav 68. Ram Suhawan Prasad 69. Ramanand Singh 70. Bhim Sen Singh Versus … … Petitioners 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi 2. The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi 3. The Principal Secretary, Department of Transport, Government of Jharkhand, Ranchi 4. The State of Bihar through Principal Secretary, Department of Finance, Government of Bihar, Patna 5. Bihar State Road Transport Corporation, Patna through its Administrator …. … Respondents CORAM: HON’BLE MR. JUSTICE RAJESH SHANKAR For the Petitioners For the Resp. Nos. 1 to 3 : Mr. Ajit Kumar, A.C. to G.A.-V For the Resp. No. 4 For the Resp. No. 5 : Mr. Ranjit Kumar, A.C. to G.A.(Bihar) : Mr. Pankaj Kumar, Advocate : Mr. Rajendra Krishna, Advocate Order No. 05 Dated: 29.01.2024 The present writ petition has been filed for the following reliefs: (i) For issuance of direction upon the concerned respondents to grant the benefits of 5th and 6th pay revision w.e.f. 01.07.2004 (i.e. after the dissolution of 3 the Bihar State Road Transport Corporation on 30.06.2004) and 01.01.2006 (i.e. from the date of implementation of 6th pay revision applicable for other employees of the State of Jharkhand) respectively in the light of the judgment dated 29.01.2020 passed by learned Division Bench of this Court in L.P.A. No. 264 of 2016 and further in view of the fact that the services of employees of the Corporation stood absorbed w.e.f. 01.07.2004 as observed by learned Division Bench in paragraph-22 of the said judgment passed in L.P.A. No. 264 of 2016 based upon the observation made by the Hon’ble Supreme Court in its order dated 24.08.2011 passed in Writ Petition (Civil) No. 337 of 2001. (ii) For issuance of direction upon the concerned respondents to pay the benefits of retirement to the petitioners after counting their past services right from the date of their appointment in the Bihar State Road Transport Corporation as after their absorption by the State of Jharkhand w.e.f. the date of dissolution of Corporation on 30.06.2004, they were deemed to be in the services of Jharkhand State Road Transport Corporation from the date of their respective appointments for the purpose of calculation of the retiral benefits. (iii) For issuance of direction upon the concerned 4 respondents to release the arrears of salary to the petitioners after giving the actual benefits of 5th and 6th pay revision w.e.f. 01.07.2004 and 01.01.2006 respectively and further to fix the last pay drawn by the petitioners taking into consideration the 5th and 6th pay revisional benefits. (iv) For issuance of direction upon the concerned respondents to release all the consequential benefits after fixing the last pay drawn by the petitioners in terms with 5th and 6th pay revision i.e., the arrears towards gratuity, unutilized earned leave, pension (along with arrears of pension from the date of their respective retirement till the date actual payment is made). 2.
Legal Reasoning
Division Bench of this court in L.P.A. No. 264 of 2016 (Yogendra Mahto & Ors. Vs. The State of Jharkhand & Ors.) as well as resolution as contained in memo no. 900 dated 12.08.2023
Arguments
Learned counsel for the petitioners submits that earlier the petitioners were the employees of Bihar State Road Transport Corporation and after bifurcation of the erstwhile State of Bihar, they were absorbed in the State of Jharkhand and were posted in different districts. The details of their appointment and retirement along with posts have been given in paragraph-5 of the present writ petition which read as under: Sl. No. 1. of Name petitioner Rana Pratap Singh 2. 3. Bachchu Prasad Singh Md. Shahid Ansari of Date appointment 1973 of Date retirement 31.05.2011 Conductor Appointed as 31.08.1972 28.02.2010 Conductor 21.09.1981 31.01.2011 Traffic Clerk 4. Binod Prasad Singh 1972 30.11.2010 Store-cum- Workshop Retired as Conductor, Dumka Division Conductor, Dumka Division Traffic Dumka Division Store-cum- Workshop Clerk, 5 Clerk 5. Ganesh Pd. Singh 6. 7. 8. Narendra Pd. Singh Shyam Singh Pd. Hari Mohan Singh 1970 28.02.2005 Conductor 21.01.1970 31.12.2008 Driver 1973 31.01.2008 Conductor 1975 31.03.2010 Conductor 9. Arun Charan Dwari 17.09.1966 30.10.2007 Store-cum- Workshop Clerk 10. Bhagirath Singh 11. Janardan Pd. Singh 12. 13. Yadunandan Yadav Sarbanand Singh 09.03.1973 31.01.2009 Traffic Clerk 01.08.1968 31.08.2004 Conductor 1976 31.07.2011 Conductor 1977 31.07.2011 Traffic Clerk 14. Jaideo Yadav 1974 31.07.2010 Conductor 15. Lal Mohan Pathak 28.11.1972 30.09.2007 Conductor 16. Mahabir Patel 1988 31.12.2010 Driver, Patna Division Clerk, Clerk, Dumka Division Conductor, Dumka Division Driver, Dumka Division Conductor, Dumka Division Conductor, Dumka Division Storekeeper, Dumka Division Traffic Dumka Division Conductor, Dumka Division Conductor, Dumka Division Traffic Dumka Division Conductor, Dumka Division Conductor, Dumka Division Driver, Dumka Division Clerk, 17. Ramakant 09.12.1968 30.11.2004 Storekeeper Storekeeper, Prasad Singh 18. Bakhori Singh 09.05.1970 31.05.2009 Conductor 19. Gopal Singh 1971 30.06.2009 Conductor 20. Rabindra 23.08.1972 31.03.2011 Statistics Nath Pandey Clerk 21. Talkeshwar Singh 18.08.1980 31.07.2011 Conductor 22. Pancham Rai 19.11.1975 31.07.2010 Conductor 23. Lakhan Sharma 24. Sarweshwar Singh 1973 28.02.2009 Conductor 27.05.1971 31.10.2010 Conductor Dumka Division Conductor, Dumka Division Conductor, Dhanbad Division Statistics Clerk, Dhanbad Division Conductor, Dhanbad Division Conductor, Dhanbad Division Conductor, Dhanbad Division Conductor, Dhanbad 6 25. 26. Awdhesh Prasad Singh Krishna Prasad Singh 05.03.1973 31.07.2011 Conductor 1973 30.06.2008 Helper 27. Nawal 10.08.1971 31.03.2010 Conductor Kishore Pandey Tripurari Pd. Sinha 28. 23.08.1972 31.05.2011 Conductor 29. Ramlakhan 28.12.1972 31.01.2009 Conductor Prasad 30. Bhairwa 04.04.1981 31.01.2011 Driver, Nandan Jha 31. Nand Kishore Singh 32. Dudheshwar Prasad 33. Nagendra Kr. Pathak 28.12.1972 31.12.2010 Conductor 28.12.1972 30.06.2010 Conductor 1971 2007 Conductor 34. Mohan Lal 1974 28.02.2010 Driver, 35. 36. Suresh Kumar Jha Surya Vanshi Mahato 28.05.1971 31.07.2011 Time Keeper 26.12.1970 31.12.2010 Security Guard 37. Md. Aquil 1967 30.09.2009 Helper Ahmad 38. Misri Prasad 23.12.1970 31.12.2010 Helper 39. Krishna Dev Prasad 1972 2009 Helper 40. Ram Ram Babu 05.05.1973 30.11.2010 Helper 41. Ram Rijan 20.05.1980 31.05.2009 Accountant Prasad Sah 42. Rameshwar Singh Yadav 43. 44. Badri Narayan Singh Surendra Prasad 25.10.1972 30.11.2009 Conductor 11.02.1970 31.01.2008 Conductor 05.06.1972 26.02.2010 Conductor Division Conductor, Dhanbad Division Artigen C, Dhanbad Division Conductor, Dhanbad Division Conductor, Dhanbad Division Conductor, Dhanbad Division Driver, Dhanbad Division Conductor, Dhanbad Division Conductor, Dhanbad Division Conductor, Dhanbad Division Driver, Dhanbad Division Time Keeper, Dhanbad Division Security Guard, Dhanbad Division Artigen-C, Dhanbad Division Artigen-C, Dhanbad Division Artigen-C, Dhanbad Division Artigen-C, Jamshedpur Division Accountant, Jamshedpur Division Conductor, Jamshedpur Division Conductor, Jamshedpur Division Conductor, Jamshedpur 7 45. Nageshwar 1973 30.06.2008 Conductor Thakur Indrajeet Singh Raghubans Prasad Singh 46. 47. 1972 30.06.2010 Conductor 1972 2009 Conductor 48. Lalan Singh 11.02.1970 30.10.2004 Conductor 49. Ramakant Rai 02.06.1970 31.01.2010 Conductor 50. Vijay Sharma 1971 31.05.2007 Conductor 51. Rajeshwar 1975 30.09.2007 Driver Prasad Singh 52. Surendra Kumar Singh 1972 31.07.2009 Conductor 53. Md. Abu Saleh 1971 01.01.2011 Conductor 54. Abdul Karim 1964 31.12.2004 Helper 55. Paltu Ram 11.05.1970 30.09.2008 Conductor 56. Gopal Lal 14.08.1971 28.02.2009 Conductor 57. Jamuna Singh 1972 30.11.2010 Conductor 58. Jitendra Kumar Sinha 01.05.1971 30.06.2016 Helper 59. Madhav Sharma 1967 30.04.2009 Helper 60. Guna Nand 01.10.1981 08.08.2008 Conductor Chaudhary Swadhin Bandopadhyay 29.09.1970 31.12.2009 Helper Binod Kumar Singh 1972 31.01.2011 Conductor 61. 62. 63. Moti Lal Rai 27.03.1971 31.03.2009 Conductor Division Conductor, Jamshedpur Division Conductor, Jamshedpur Division Conductor, Jamshedpur Division Conductor, Jamshedpur Division Conductor, Jamshedpur Division Conductor, Jamshedpur Division Driver, Jamshedpur Division Conductor, Jamshedpur Division Conductor, Jamshedpur Division Mechanical Helper, Jamshedpur Division Conductor, Jamshedpur Division Conductor, Jamshedpur Division Conductor, Jamshedpur Division Mechanical Helper, Jamshedpur Division Helper, Jamshedpur Division Conductor, Jamshedpur Division Artigen-C, Jamshedpur Division Conductor, Jamshedpur Division Conductor, Jamshedpur Division 8 64. Gopal Prasad 1973 31.01.2005 Conductor Singh 65. Nandlal Kapariya 66. Lalan Kumar Ray 67. Ramdeo Yadav 68. Ram Suhawan Prasad 69. Ramanand Singh Bhim Singh 70. Sen 01.10.1967 31.07.2009 Helper 1975 30.06.2009 Driver 1981 31.05.2011 Driver 15.11.1972 31.01.2010 Helper 1985 27.09.2005 Conductor 10.08.1971 30.06.2009 Conductor Conductor, Jamshedpur Division Artigen-C, Jamshedpur Division Driver, Jamshedpur Division Driver, Ranchi Division Artigen-C, Ranchi Division Conductor, Ranchi Division Conductor, Ranchi Division 3. Learned counsel for the petitioners further submits that it would be evident from the aforesaid chart that the petitioners superannuated from services between 01.07.2004 and 24.08.2011. Therefore, respective cases of the petitioners are covered by the judgment dated 29.01.2020 passed by learned
Decision
(Annexure-12 to the writ petition) issued under the signature of Secretary, Department of Transport, Government of Jharkhand, Ranchi. It is thus submitted by learned counsel for the petitioners that the present writ petition may be disposed of in terms with judgment dated 29.01.2020 passed in L.P.A. No. 264 of 2016. 4. Mr. Ajit Kumar, learned A.C. to G.A.-V appearing on behalf of the respondent nos.1 to 3, accepts the fact that the present writ petition is covered by the judgment dated 29.01.2020 passed in L.P.A. No. 264 of 2016 as well as 9 resolution dated 12.08.2023 issued in pursuance thereof by the Department of Transport, Government of Jharkhand, Ranchi. 5. Since, both the parties agree that the present case is covered by the judgment dated 29.01.2020 passed in L.P.A. No. 264 of 2016, it is appropriate to quote the relevant part of the said judgment. “22. Though we are not in a position to decipher as to how in the order dated 07.04.2015, it is given that the petitioners have been absorbed w.e.f. 24.08.2011, but the plain reading of the order dated 24.08.2011 quoted above clearly shows that the Hon’ble Apex Court was given to understand that the services of the employees who were allocated to the State of Jharkhand, had been duly absorbed in the State Government, and they were working with the Transport Department of the State Government, without any break in service. In that view of the matter, we are of the considered view that it cannot be said that the services of the employees were not deemed to be absorbed after the dissolution of the Corporation on 30.06.2004. For all practical purposes, it has to be held to be so, otherwise it will only create the anomalous situation, but this analogy shall also save the State Government from the anomalous situation stated above. We accordingly, hold that the services of the employees shall be deemed to be absorbed soon after the dissolution of the Corporation on 30.06.2004, i.e., w.e.f. 01.07.2004. This answers the question posed by us in paragraph 9 of this Judgement. 23. Having given this finding, now the only question that remains to be decided is whether the appellants and the other similarly situated employees of the Corporation were entitled to get their salary in accordance with the 5th and 6th Pay Commission recommendations. Admittedly, after the dissolution of the Corporation w.e.f. 30.06.2004, no Corporation was created by the State of Jharkhand, and as held above, the services of the employees stood absorbed in the State Transport Department w.e.f. 01.07.2004. In that view of the matter, there cannot be any anomaly between the salaries which are being paid to the employees of the State Transport Department and to the 10 ex-employees of the Corporation on the ground that they were working in the Corporation and absorbed latter. The submission of the learned Additional Advocate General that the employees have been paid all the benefits that have been paid by the State of Bihar to the employees of the Bihar State Road Transport Corporation, is of no help to the State of Jharkhand, inasmuch as, in the State of Bihar, the Corporation still continues, but in the State of Jharkhand, the employees are now the employees of the Transport Department of the State Government and they are no more the employees of any Corporation or any corporate body. In that view of the matter, there cannot be any anomaly in the salaries of the employees inter se, working in the Transport Department of the State Government. 24. We find that even in the State of Bihar the employees had filed a writ application bearing No. 7185 of 2005 and analogous writ applications, in which it has been held by the Hon’ble Patna High Court that the petitioners are entitled to 5th and 6th Pay Revision Committee recommendations. In the State of Bihar, as pointed out by the learned Additional Advocate General, the order has been implemented with effect from the year 2015. But that is so, in view of fact that the employees in the State of Bihar are still the employees of the Corporation, and not of the State Government. That is not the situation here. The poor economic condition of the State of Bihar, is said to be the other ground for delayed date of implementation of the pay scales. On that ground, we cannot deny the benefits of the 5th and 6th Pay Revision to the appellants or the other similarly situated employees, even though we have held that they have to be deemed to be the employees of the State of Jharkhand, in its Department of Transport, and there cannot be any pay anomaly between the employees inter se, of the State Government. 25. We accordingly, hold the appellants and the other similarly situated employees, entitled to the benefits of 5th Pay Revision Committee recommendations w.e.f. 01.07.2004, i.e., after the dissolution of the Corporation on 30.06.2004, and 6th Pay Revision Committee recommendations from the dates applicable to the other employees of the State of Jharkhand. The respondent State is accordingly, directed to calculate the dues of the appellants and the other similarly situated employees, 11 including their retiral dues accordingly, and to make the payment of all their dues, including the retirement benefits, positively within a period of six months from today. 26. For the foregoing reasons, the impugned Judgment dated 08.03.2016 passed by the Writ Court in W.P.(S) No. 2115 of 2015 and W.P.(S) No.2382 of 2015, cannot be sustained in the eyes of law, and the same is accordingly, set aside. 27. This L.P.A. is accordingly, allowed with the directions and observations as above. The pending Interlocutory Applications also stand disposed of.” 6. The petitioners have also annexed the copy of resolution as contained in memo no. 900 dated 12.08.2023 issued by the Department of Transport, Government of Jharkhand, Ranchi, which, according to them, has been issued after dismissal of S.L.P., review petition as well as curative petition preferred by the State of Jharkhand challenging the said order of L.P.A. No. 264 of 2016. According to the petitioners, the services of the employees of the Corporation, who were working between 01.07.2004 and 24.08.2011, have been regularized and the benefits of 5th and 6th pay revision have also been granted vide aforesaid resolution dated 12.08.2023. 7. Having heard learned counsel for the parties and considering that the issue raised in the present writ petition is covered by the judgment dated 29.01.2020 passed in L.P.A. No. 264 of 2016 as well as resolution as contained in memo no. 900 dated 12.08.2023 issued by the Department of Transport, Government of Jharkhand, Ranchi, the respondent no. 3- the Principal Secretary, Department of Transport, Government of Jharkhand, Ranchi, is directed to grant the benefits of 5th and 12 6th pay revision to the petitioners with effect from respective dates as mentioned in paragraph-25 of the said judgment and to calculate their dues including the retiral benefits as well as to make payment of the same within three months from the date of receipt/production of a copy of this order. 8. The writ petition is accordingly disposed of with aforesaid direction. Ritesh/ (Rajesh Shankar, J.)