DEINESH NARAYAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred mainly for the reason that the respondents have passed various orders at Annexure 1, 1/A, 1/B, 1/C, 1/D and 1/E to the memo of present petition, whereby, the benefit given to the petitioners by way of Reducible Pay Protection with effect from 1st January, 1996 uninterruptedly since years together, has been withdrawn for no justifiable reasons and dehors the provisions of law and, therefore, the present writ petition has been preferred.

(2.) LEARNED counsel for the petitioners vehemently submitted that the dispute involved in the present writ petition has already been decided by a Division Bench of this Court in the case of The State of Jharkhand V/s. Thakur Ajit Kumar & ors., as reported in 2009(3) J.L.J.R. 435. Similarly, in the case of Chamru Oraon V/s. The State of Jharkhand & ors., as reported in 2008(1) J.L.J.R. 330, learned Single Judge of this Court has held that the benefit given cannot be withdrawn without giving an opportunity of being heard and, therefore, the impugned orders at Annexure 1, 1/A, 1/B, 1/C, 1/D and 1/E to the memo of present petition, passed by respondent no.5, withdrawing the benefit given to the petitioner by way of Reducible Pay Protection, deserve to be quashed and set aside.

(3.) I have heard learned counsels for the respondents, who have submitted that the petitioners cannot take the benefit of wrongly given benefit. If any benefit has been given under mistake, the same can be withdrawn by the State and, therefore, the orders at Annexures 1, 1/A, 1/B, 1/C, 1/D and 1/E to the memo of present petition have been rightly passed by the respondents.