Writ petition seeking payment of three additional increments with arrears and consequential benefits. The court found the order dated 11.11.2022 was not under challenge and no foundational pleadings supported its challenge; the writ petition was dismissed with liberty to proceed against that order under law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1006 of 2023
Suchit Pandit, aged about 63 years, S/o Maheshwar Pandit, resident of Gram Runji, P.O. & P.S. Baniyadih, Thakur Gangti, District Godda (Jharkhand) 813208 … … Petitioner
Versus
… … Respondents
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner : Mr. Abhay Kr. Mishra, Advocate For the Respondents : Mr. Zaid Imam, Advocate ---
06/7th March 2024
1. Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs: -
“prays for issuance of writ/writs, order/orders or direction/directions or a writ in the nature of Mandamus for directing the Respondents to pay entire admitted dues of 3 Additional increments with arrears right from the date of appointment till the date of superannuation, which was arbitrary and illegally withheld by the respondents arbitrarily and illegally and pay the same with all consequential benefits with statutory interest since the respondent concerned has not complied the order passed by the Hon’ble Court in W.P. (S) No. 1814 of 2021 in its true spirit and passed a reasoned order without considering the claim of the petitioner.
And/Or
For issuance of any other appropriate writ(s) or direction(s) or Order(s) as Your Lordships may deem fit and proper under the facts and
2
circumstances of this case for doing equitable and conscionable justice to the petitioner.”
3. From perusal of the prayer made in this writ petition, it appears that there is no challenge to the order contained in Memo No. 1603 dated 11.11.2022 (Annexure-8).
4. The learned counsel for the petitioner submits that on account of inadvertent error such prayer has not been made and the foundational pleadings to challenge the same is there on record.
5. This Court finds that neither the order dated 11.11.2022 is under challenge in this writ petition nor there are foundational pleadings in connection with challenge of the said order in this writ petition. Accordingly, no relief as prayed for in this writ petition, can be granted in this writ petition. Consequently, this writ petition is dismissed.
6. However, liberty is reserved with the petitioner to take steps against the order as contained in Annexure-8 of this writ petition as may be permissible under law.
7. Pending I.A., if any, is closed.
(Anubha Rawat Choudhary, J.)
Mukul
1 issue framed by the court
Whether the petitioner's withheld increments could be directed to be paid when the impugned order of 11.11.2022 was not challenged in the writ petition?
Suchit Pandit
The State of Jharkhand through the Chief Secretary
The Secretary, Department of School Education and Literacy, Government of Jharkhand
The Director, Primary Education, Government of Jharkhand
The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda
The District Superintendent of Education, Godda
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
