SUJIT NARAYAN PRASAD,J - (1.) The instant intra-court appeal has been filed under clause 10 the Letters Patent against the order dated 11.08.2017 passed in W.P. (S) No. 352 of 2017 whereby and whereunder, the writ petitioner has been held entitled for pay-scale applicable to the Filter Operator, Grade-I and direction was given to the respondents-State of Jharkhand to release consequential benefits to the writ petitioner taking into account that the petitioner's services are of permanent/regular establishment.
(2.) Before entering into the legality and propriety of the impugned decision, it is relevant to refer certain factual aspects, which are necessary for proper appreciation of the lis: The writ petitioner, who is an I.T.I. certificate holder, came in employment on 11.10.1979 and worked under the Public Health Engineering Department vide order dated 29.09.1979 at Rukka Filtration Plant, Ranchi. Thereafter, he was taken into regular work-charged establishment w.e.f. 01.10.1984 vide order dated 30.06.1988. In the meanwhile, the erstwhile State of Bihar took a policy decision on 15.12.1983 to the effect that in Filtration Plants, having capacity of one million gallon to 15 million gallon, there shall be Filter Operator, Grade-I and the same policy was reiterated in the policy decision dated 29.12.1992 issued by the then Engineer in Chief-cum-Special Secretary of the concerned Department. The petitioner had completed five years of continuous service in the establishment but as per the policy decision, the pay of Filter Operator has not been extended to him, which led the writ petitioner to file writ petition, being C.W.J.C. No. 941 of 1995(R) which was disposed of vide order dated 03.05.1995 directing the respondent no. 2 to fix the pay of the petitioner. But pay having not been fixed, a contempt case was filed. In the meantime, the State-respondents had filed a review application, which was allowed on the ground that no opportunity of filing counter affidavit was given to the respondents-State of Jharkhand, accordingly the writ petition was ordered to be reheard, which was reheard and disposed of vide order dated 07.08.1998 whereby direction was given to the Engineer in Chief-cum-Special Secretary to recommend the case of the petitioner in the light of the notifications dated 15.12.1983 and 29.12.1992 to the Finance Secretary, who in turn, was directed to grant approval if the writ petitioner was found entitled to. But the claim of the writ petitioner was rejected vide order dated 12.12.1998 by passing a non-speaking order, which was challenged by way of filing writ petition, being C.W.J.C. No. 1061 of 1999(R). The writ Court vide order dated 01.02.2001 quashed the order dated 12.12.1998 with a direction to the respondents-authorities to re-consider the case of the petitioner and dispose of the representation of the petitioner afresh by passing reasoned order. For non-compliance of order dated 01.02.2001 passed in C.W.J.C. No. 1061 of 1999 (R), the petitioner filed a contempt case, being M.J.C. No. 676 of 1999, which was disposed of with liberty to the petitioner to file representation before the Secretary, P.H.E.D, State of Jharkhand showing details of his service career and fixation of pay. With the liberty aforesaid, the writ petitioner filed representation before the concerned authority but the claim of the petitioner was again rejected vide order dated 12.06.2001, which was the subject matter of W.P. (S) No. 3017 of 2001 but the same was dismissed for non- prosecution. The petitioner thereafter filed another writ petition, being W.P. (S) No. 4263 of 2009, which was disposed of vide order dated 22.05.2015, by which, impugned order dated 12.06.2001 was quashed and the matter was remanded to the Principal Secretary of the Department to consider the claim of the petitioner afresh and to pass reasoned order. Pursuant thereto, the respondents-authorities heard the matter and vide order dated 28.09.2015 rejected the claim of the petitioner.
(3.) Being aggrieved with the order dated 28.09.2015, the petitioner preferred writ petition being W.P. (S) No.352 of 2017, which was disposed of vide order dated 11.08.2017. The learned Single Judge by considering the judgment rendered by the Hon'ble Full Bench of this Court in the case of Ram Prakash Singh Vs. State of Jharkhand reported in (2005) 3 JLJR 38 has passed a direction upon the respondents to immediately release the consequential benefits to the petitioner taking into account that the petitioner's services are of permanent (regular) establishment.;