CIVIL APPEAL 2584 of 2016 on 1 January 1996

1. The Principal Secretary, Government of Jharkhand, Road Construction Department, Jharkhand Mantralaya, Dhurwa, Ranchi-834004 [Jharkhand]. Road Construction Department, Jharkhand Mantralaya, Dhurwa, Ranchi-834004 [Jharkhand].

2. The Engineer-in-Chief, Road Construction Department, Government of Jharkhand, Jharkhand Mantralaya, Dhurwa, Ranchi-834004 [Jharkhand]. Government of Jharkhand, Jharkhand Mantralaya, Dhurwa, Ranchi-834004 [Jharkhand]. 3. The Principal Secretary, Government of Jharkhand, Building Construction Department, Jharkhand Mantralaya Dhurwa, Ranchi 834004[Jharkhand] Building Construction Department, Jharkhand Mantralaya Dhurwa, Ranchi 834004[Jharkhand]

4. The Executive Engineer, Building Division, Building Construction Department, Simdega-835223 [Jharkhand] Construction Department, Simdega-835223 [Jharkhand] 5. The Principal Secretary, Government of Bihar, Rural Works Department, Patna-800001 [Bihar] Works Department, Patna-800001 [Bihar]

6. The Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna-800001 [Bihar). Government of Bihar, Patna-800001 [Bihar).

...Respondents

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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Arvind Kumar Singh, Advocate For the State of Jharkhand : Mr. Raunak Sahay, A.C to G.P.-V For the State of Bihar Mr. Binit Chandra, A.C to G.A (Bihar)

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12/05.05.2025

Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner for the following reliefs:

i)For a direction upon the concerned respondent to fix the pay of the petitioner in the revised Scale of Pay of Rs.5000-8000 with effect from 01.01.1996 with consequential benefits thereof; to pay the arrears of salary on account of First Financial Upgradation under A.C.P. Scheme with effect from 09.08.1999 in the admissible Scale of Pay of Rs.6500-10500/Rs.8000-13500 from 09.08.1999 / 15.11.2000 to 20.12.2006 with consequential benefits thereof including the fixation of his pay in the revised Pay Band / Grade Pay with effect from 01.01.2006 and payment of arrears of his salary on account of Pay Revision with effect from 01.01.2006 onwards; to pay the arrears of salary on account of Second Financial Upgradation under A.C.P. Scheme with effect from 21.12.2006 in the admissible Scale of Pay of Rs. 10000-15200 [unrevised] from 21.12.2006 to 20.12.2012 with consequential benefits

ii) For a further direction upon the concerned respondent to pay the arrears of salary on account of the Third Financial Upgradation under the Modified A.C.P. Scheme with effect from 21.12.2012 in the Pay Band of Rs.9300-34800 with Grade Pay of Rs.7600/- from 21.12.2012 onwards with consequential benefits; to fix the pay at the appropriate stage of pay/point of pay on account of his regular promotion with effect from the date of taking charge of the said promoted post of Assistant Engineer (Civil) i.e., from 19.07.2013 by allowing him the pay protection which was admissible to him on account of his third financial upgradation under the Modified A.C.P. Scheme and to allow the due annual increments to the petitioner since the year 1996 onwards till 2015 with the consequential benefits thereof and to sanction and pay the pensionary and retiral benefits (full and final pension, the commuted value of pension, amount of full and final gratuity, amount of leave encashment) on the basis of the last emoluments admissible to him on account of the increase in his salary as a result of his pay fixations in the revised / upgraded / promoted Pay Scales / Pay Band with Grade Pay on account of the aforesaid service benefits already allowed to him and to pay the applicable statutory and penal interest to the petitioner over the amounts of his aforesaid arrears of salary by treating that as if all his said arrears of salary/pensionary and retiral dues were lying in his G.P.F. Account in order to make good the recurring financial loss which he has suffered due to non-payment of his aforesaid legitimate and bonafide arrears of salary since September 1996 to till date without any fault on his part and to allow /pay any other service benefits to the petitioner for which he is found to be eligible and entitled under the applicable provisions of law and to pay the exemplary cost of litigation for unnecessarily depriving the petitioner from his aforesaid legitimate service benefits for such a long time without any fault on his part.

3. Learnedcounsel for the petitioner fairly submits that most of the grievances of the petitioner have been redressed and the case may be disposed of by giving liberty to the petitioner that if at all any grievance still remains to be redressed, he may be granted liberty to approach the concerned respondent.

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4. Learned counsel for the respondents submits that the entire grievance of the petitioner has been redressed; however if at all there is any calculation error, he may approach the concerned respondent.

5. Having regard to the aforesaid facts and circumstances of the case, the instant writ application is hereby disposed of with liberty to the petitioner, as prayed for.

6. With the aforesaid observations/directions, the instant writ application stands disposed of.

(Deepak Roshan, J.)