SUDHIR KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since common question of law has been raised in both these writ petitions as such both these writ petitions are heard together and disposed of by this common order.

(2.) The Petitioners in the present writ petitions have approached this Court with a prayer for an appropriate direction upon the Respondents to extend the benefit of recommendation of Central 6th Pay Revision Commission to the Petitioners and for fixation of their salary in PB II 9300- 34800, G.P. 4200/- w.e.f. 1/1/2006 with all consequential benefits as adopted by the Government of Jharkhand vide Resolution no. 660/V dtd. 28/2/2009 which has been further clarified by the Resolution contained in memo no. 1610 dtd. 29/7/2011 issued by the Department of Finance, Government of Jharkhand. The petitioners have further prayed for quashing of the letter bearing no. 3251 dtd. 11/9/2014 issued by the Principal Secretary, Department of Finance by which the operation of Resolution contained in memo no. 2891 dtd. 13/8/2014 was stayed. It has further been prayer for quashing of the Resolution dtd. 26/3/2018 issued by the Department of Finance by which Resolution dtd. 13/8/2014 has been cancelled from the date of issuance.

(3.) Mr. Ajit Kumar, Ld. Sr. Counsel, assisted by Ms. Tejaswita Safalta representing the Petitioners had submitted that even if the Petitioners waive their prayer with respect to the challenge against the letter bearing no. 3251 dtd. 11/9/2014 issued by the Principal Secretary, Department of Finance and the Resolution dtd. 26/3/2018 issued by the Department of Finance by which the earlier State Government Resolution dtd. 13/8/2014 has been cancelled; still the Petitioners are entitled to their main prayer i.e. fixation of their pay in PB II 9300-34800, G.P. 4200/- w.e.f. 1/1/2006 with all consequential benefits as adopted by the Government of Jharkhand vide Resolution no. 660/V dtd. 28/2/2009 which has been further clarified by the Resolution contained in memo no. 1610 dtd. 29/7/2011 issued by the Department of Finance, Government of Jharkhand.