UMESH KUMAR YADAV, S/O Vs. THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY, HAVING ITS OFFICE AT PROJECT BUILDING, PO

JUDGEMENT

(1.) Grievance of the petitioner is that without issuing any notice/show-cause notice, order contained in Memo No. 279 dated 30.03.2016 has been passed where under date of 2nd MACP has been shifted to 24.08.2018 in place of 24.08.2010, and on the basis of the aforesaid order, the respondents have re-fixed the salary of the petitioner vide office order dated 25.04.2016.

(2.) Vide order dated 03.10.2016, four weeks' time was granted for filing counter-affidavit. The learned counsel for the State states that counter-affidavit is ready, however, due to the instructions issued by the Court where under any affidavit must be filed 48 hours before the date of hearing, he could not file the counter-affidavit.

(3.) During the course of hearing it has been brought to the Court's notice that against order dated 30.03.2016 as contained in Memo no. 279 another similarly situated employee namely, Uday Kumar Singh came to this Court in W.P.(S) No. 2638 of 2016 and vide order dated 05.09.2016 the writ petition was partly allowed in the following terms :