RANCHI, India, June 16 -- Jharkhand High Court issued the following order on May 15:
1. Heard learned counsel for the parties.
2. Both these writ applications raise identical questions of law and facts, as such the same have been heard together and are decided by this common judgment with consent of learned Counsel appearing for the parties. The lead case is W.P.(S) No.5692 of 2025 and the facts of this case would be sufficient to decide both these writ petitions filed under Article-226 of the Constitution of India.
3. The petitioners have filed the present writ petition being W.P.(S) No. 5692 of 2025 for the following reliefs:
i. For issuance of an appropriate writ, order or direction, including a writ in the nature of mandamus, declaring and directing that the petitioners, having been appointed pursuant to Advertisement No. 26/87 dated 08.07.1987 (Annexure-2) and the merit list prepared in 1988, form part of the very same recruitment process as other similarly situated candidates appointed in 1990 and 1996, and hence cannot be treated as "new recruits" within the meaning of Resolution No. 660 dated 08.02.1999 (Annexure-6); and for a consequential direction upon the respondents to extend to the petitioners the replacement pay scale of Rs. 4000-6000 under the 5th Pay Revision, as was duly granted to the similarly situated candidates, instead of the lower scale of Rs. 3200-4900 wrongly reflected in corrigendum contained in Order No. 297/99, Memo No. 1718 dated 16.12.1999 issued by the Deputy Commissioner, Dumka (Annexure-7); and further to hold that the denial of such parity to the petitioners is arbitrary, discriminatory, and violative of the doctrine of "equal pay for equal work" and the constitutional guarantees under Articles 14 and 16 of the Constitution of India.
ii. For issuing a writ particularly in the nature of mandamus commanding upon the respondents to grant the petitioners parity in pay scale, pay band, grade pay and all consequential benefits, including, arrears, increments, seniority at par with their counterparts appointed in 1990 and 1996 pursuant to the same recruitment process initiated by Advertisement No. 26/87 dated 08.07.1987.
iii. For issuance of appropriate writ(s)/order(s)/direction(s) particularly in the nature of "certiorari" quashing and setting aside the order contained in Memo no. 289 dated 01.03.2025 issued by the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Dumka, whereby and whereunder, the grade pay has been reduced retrospectively from 2800 to 2400 w.e.f. the date of 1st MACP and from 4200 to 2800 w.e.f. the date of their 2nd MACP in an arbitrary and unlawful manner in complete contravention of the recommendations of the Pay Commission, leading to stoppage of salaries of the petitioners subject to re-fixation or payment of salaries at a lower grade pay, in complete violation to their legitimate expectation and fundamental rights enshrined in Article 14, 16 and 21 of the Constitution of India.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x3ew18PAg9DwqEDHWvDHGaAW1eQmxoUIzRoIAiSjWGUK&caseno=WPC/5692/2025&cCode=1&cino=JHHC010309952025&state_code=7&appFlag=)
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