Disposed

Range Forest Officers Association through Its General Secretary Anil Kumar Singh v. the State of Jharkhand and Ors.

Jharkhand HC21 Feb 2022WPC/7145/2012

Case brief

AI extract

What is this about?

The High Court of Jharkhand held that an association of employees cannot file a writ petition for individual service benefits like Grade pay or salary arrears. The Court allowed the association to withdraw the petition, granting liberty to individual employees to file independent writs.

What did the court decide?

Permission granted to withdraw the writ petition with liberty to individual employees to file independent writs.

Range Forest Officers Association through… — Pension and Retirement Benefits | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 7145 of 2012

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Range Forest Officers Association, Jharkhand, Ranchi, Van Bhawan Campus, Doranda, Ranchi – 834002 (Jharkhand) through its General Secretary Anil Kumar Singh S/o Sri Bishwanath Singh, permanent resident of House No.M.I.G, C – 115, Harmu Housing Colony, Ranchi – 834002 (Jharkhand) … … Petitioner

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Versus

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State of Jharkhand through the Principal Secretary/Secretary, Government of Jharkhand, Department of Forests & Environment, Nepal House, P.O. & P.S. Doranda, Town & District Ranchi 834002 (Jharkhand)

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The Principal Secretary, Government of Jharkhand, Department of Finance, Jharkhand Mantralaya, P.O. & P.S. Dhurwa, Town & District Ranchi 834004 (Jharkhand)

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The Principal Chief Conservator of Forests, Jharkhand, Van Bhawan, Doranda, P.O. & P.S. Doranda, Town & District – Ranchi 834002 (Jharkhand). … … Respondents

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Arvind Kumar Singh, Advocate For the Respondents : Mr. Ashish Kumar, Advocate

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Through Video Conferencing

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05 /21.02.2022 This writ petition has been filed for the following reliefs:

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i. “To sanction and pay the Grade pay of Rs.4600/- in the pay Band – 2 (Rs.9300-34800) to the members of the petitioner Association with effect from 01.01.2006 with consequential benefits thereof in place of Grade pay of Rs.4200/- which is being paid to them in the said Pay Band – 2.

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ii. To pay the arrears of salary on this account to the members of the petitioner Association.

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iii. To pay the statutory and penal interest to the members of the petitioner association on their respective arrears of salary from the date it became due till the date the same are paid to them because this normal benefit of service has not been allowed to them in time and they have been deprived from the same till date for no fault on their part.

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iv. To pay the cost of litigation for unnecessarily depriving the members of the petitioner Association from their aforesaid legitimate and bonafide service right.”

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2. Learned counsel for the petitioner submits that I.A. No.824 of 2019 has been filed in the present case for allowing the applicant namely Anil Kumar Singh, Range Forest Officer, Pakur (Jharkhand) to be impleaded as a petitioner in his personal capacity. The learned counsel submits that the applicant namely Anil Kumar Singh was the General Secretary of the petitioner association in the present case, but now he wants to pursue the present case in individual capacity.

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3. He submits that another writ petition being W.P.(S). No.5821 of 2012 was filed by the petitioner association and ultimately the same was withdrawn vide order dated 29.01.2019. The learned counsel submits that similar order may be passed in the present case as has been passed in W.P.(S). No.5821 of 2012.

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4. The learned counsel for the respondents is present.

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5. This Court finds that the relief as prayed for in the present petition is for service benefit of one or another person. As such cause of action is available to particular employees and not to the association as has been held by this Court by a coordinate Bench in W.P.(S). No.5821 of 2012 filed by the same association.

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6. Accordingly, the present petitioner seeks permission and is allowed to withdraw the writ petition with a liberty to the individual employees to file their individual writ petitions for their individual cause of action so that the right to file independent case by the applicant of I.A. No.824 of 2019 namely Anil Kumar Singh and other members of the petitioner’s association may also remain intact.

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7. I.A. No.824 of 2019 stands disposed of.

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(Anubha Rawat Choudhary, J.)

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Saurav

Range Forest Officers Association through Its General Secretary Anil Kumar Singh v. the State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

Range Forest Officers Association through Its General Secretary Anil Kumar Singh v. the State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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