Suraj Kumar Gupta Vs State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Suraj Kumar Gupta Vs State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent No.4 directed to treat the writ application as a representation and pass an appropriate order on the petitioners' pay-scale/grade-pay claim, especially in light of Annexure-4, within 12 weeks; thereafter the entire amount calculated in accordance with law to be paid to the petitioners within a further six weeks.

Issue for consideration

Whether the respondent authorities should remove the anomaly in the pay-scale and grade pay of the petitioners, Grade-IV employees of Jungal War Fare School, Netarhat, vis-à-vis other Grade-IV employees appointed along with them in different Grade-IV posts through Advertisement Nos.3/08 and 1/09. +1 more

Court's answer

The Court disposed of the writ application by directing respondent No.4 (the Deputy Inspector General of Police-cum-Principal, Jungal War Fare School, Netarhat) to treat the writ application as a representation and pass an appropriate order with regard to the petitioners' claim, especially in the light of Annexure-4 issued by the respondent authorities, within a period of 12 weeks.

Ratio / Principle

After the appropriate order is passed, the entire amount calculated in accordance with law shall be paid to the petitioners within a further period of six weeks.

Key takeaways

The petitioners would be at liberty to serve the copy of the writ application for convenience.obiter¶39

Detailed headnote1 paragraphs

W.P.(S) — Pay-parity / equal pay for equal work (service) — Fifteen Grade-IV employees of Jungal War Fare School, Netarhat petitioned for removal of the anomaly in their pay-scale and grade pay vis-à-vis other Grade-IV employees appointed alongside them through Advertisement Nos.3/08 and 1/09; per the DIG(Administration)'s letter No. 359 dated 13.06.2022 (Annexure-4, approved by the DGP and IGP) there is no promotion line for Cook, Water Carrier, Sweeper, Barber, Washerman, Mali etc., so such employees receive only ACP/MACP benefits, and the recommendation was that pay band PBI-5200-20200 with grade pay of Rs 1,800/- be given to the 787 non-matriculate 4th Grade employees at par with Matriculate Grade-IV colleagues — a decision the Finance Department had not taken. Respondent-State counsel conceded no counter affidavit could be filed and did not dispute Annexure-4. Disposed: respondent No.4 to treat the writ as a representation and pass an appropriate order on the claim in light of Annexure-4 within 12 weeks, with the dues thereafter computed in accordance with law payable within a further six weeks. Bench: Justice Deepak Roshan; decided 09.09.2024.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.2061 of 2023

Suraj Kumar Gupta, aged 35 years by caste Backward, S/o Late Shankar Prasad Sah;

Bharat Prasad aged 39 years, General caste, S/o Late Suryadeo Sao;

Mahabir Kumar Ram, aged 44 years, Scheduled caste, S/o Late Lala Ram;

Mahanand Karmali, aged 35 years, by caste scheduled Tribe, S/o Vijay Karmali;

Mohammad Abbas @Md. Abbas Ansari, aged 48 years, General caste, S/o Late Md. Sharif Ansari;

Md. Asgar, aged 39 years, General caste, S/o Late Md. Ismail;

Mukesh Thakur, aged 34 years, General caste, s/o Sri Sikandar Thakur;

Anil Thakur, aged 50 years, General caste, S/o Late Bera Thakur;

Sunil Kumar, aged 37 years, General caste, S/o Sri Bhushan Prasad Singh;

Kare Lal Thakur, aged 45 years, General caste, S/o Beni Thakur;

Shamir Ansari, aged39 years, General caste, S/o Seikh Manjar;

Chandra Bhushan Kumar, aged 37 years, S/o Late Basant Lal;

Pradeep Kachchap, @ Pradeep Kumar Kachchap, S/o aged 42 years, by caste Schedule Tribe;

Bindeshwas Thakur, aged 44 years, by caste OBC, S/o Sri Bhola Thakur;

Moti Lal Rabi, 43 years, by caste Schedule Tribe, S/o Sri Jago Ram;

All are residents of Jungal War Fare School, Netarhat, P.O. & P.S. Netarhart, Dist. Latehar.

....Petitioners Versus

State of Jharkhand;

Secretary Department of Finance, Government of Jharkhand at Project Bhawan, Dhurwa P.O. &P.SDhurwa, Dist.- Ranchi;

Secretary, Department of Home Prison & Disaster Management, at Project Bhawan, Dhurwa P.O.& P.S.-Dhurwa, Dist. Ranchi;

Deputy Inspector General of Police-cum-Principal

Jungal War Fare School, Netarhat, P.O.&P.SNetarhat, Dist-Latehar.

....Respondents

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioners : Mrs. I. Sen Choudhary, Adv. For the Resp.-State : Mr. Shubham Gautam, A.C. to AAG-V

04/Dated:-09.09.2024

Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioners praying for a direction upon the respondent authorities to remove the anomaly in pay-scale as well as grade pay of the petitioners with that of other Grade-IV employees, who have been appointed along with these petitioners in different posts of Grade-IV at Jungal War Fare School, Netarhat by virtue of advertisement Nos.3/08 and 1/09 respectively.

3. At the outset, learned counsel for the petitioners draws attention of this Court towards Annexure-4 and submits that in pursuance of the earlier representation dated 22.09.2021, an inter departmental letter was issued by the Deputy Inspector General of Police (Administration) to the additional Secretary, Home Prison and Disaster Management Department vide letter No. 359 dated 13.06.2022, clearly stating that there should be employees of equal pay for equal works and also that there is no line of promotion for Cook, Water Carrier, Sweeper, Barber, Washerman, Mali etc. and as such, for the whole service period they will only get the benefit of ACP and MACP only.

In the said letter, it was also stated that the pay band PBI-5200-20200 with grade pay of Rs 1,800/- should be given to them at par with the same 4^th Grade employees working in same service who are Matriculates. There are only 787 such 4^th Grade non-matric employees and as such requested the addressee to get the recommendation of Finance Department and also said that this letter has got the approval of

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the Director General of Police as well as the Inspector General of Police, but till date the Finance Department has not taken any decision causing financial loss to the petitioners.

4. Relying upon the aforesaid annexure, learned counsel submits that the grievance of the petitioners is genuine; as such, appropriate direction may be issued to the concerned respondent.

5. Learned counsel for the respondentssubmits that in spite of his best effort, counter affidavit could not be filed. However, the matter may be remitted to the concerned authority for taking a decision in the matter.

Further, learned counsel does not dispute Annexure4, whereby a detailed recommendation has been given by the Deputy Inspector General of Police-cum-Principal Jungal War Fare School, Netarhat.

6. Having regard to the aforesaid facts and circumstances of the case, the instant writ application is hereby disposed of by directing the respondent No.4 to treat this writ application as representation and pass an appropriate order with regard to the claim of these petitioners made in the instant writ application, especially, in the light of Annexure-4 issued by the respondent authorities, within a period of 12 weeks.

It goes without saying that the petitioners would be at liberty to serve the copy of this writ application for convenience. Further, after passing of the appropriate order, the entire amount which would be calculated in accordance with law shall be paid to the petitioners within a further period of six weeks.

7. Accordingly, the instant writ application stands disposed of in the manner as indicated hereinabove.

(Deepak Roshan, J.)

vikas/-

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