- (1.) The petitioner has filed this writ petition for the following reliefs :- (a) For issuance of appropriate writ(s)/order(s)/direction(s) directing the concerned respondents-authorities to forthwith fix the pay scale of the petitioner in the scale of Rs. 8000/-to Rs. 13500/- on the basis of recommendation of 5th Pay Revision Commission which has been implemented with effect from 01.01.1996 and the notional benefit has been directed to be given with effect from 15.11.2000 while the actual benefit has been directed to be given with effect from 01.03.2007, but instead thereof, the pay scale of the petitioner has not been revised and enhanced from Rs. 6500/- to Rs. 10,500/-. (b) For issuance of further appropriate writ(s)/ order(s)/direction(s) directing the concerned respondents-authorities to forthwith release the entire arrears of difference of subsistence allowance on the basis of enhanced pay scale of Rs.8000/- to Rs. 13500/- w.e.f. 15.11.2000 and the actual difference of arrears of salary may be directed to be given with effect from 01.03.2007 till date. (c) For issuance of further appropriate writ(s)/order(s)/direction(s) directing the concerned respondents-authorities to pay subsistence allowance on the basis of fixation of his pay in the pay scale of Rs.8000/- to Rs. 13500/- instead of Rs. 6500/- to Rs. 10500/- and continue to pay the subsistence allowance on the basis of enhanced revised pay scale. (d) For issuance of further appropriate writ(s)/ order(s)/direction(s) directing the concerned respondents-authorities to forthwith release the subsistence allowance alongwith 50% of Dearness Allowance pay by fixing his pay scale in the pay scale of Rs. 8000/- to Rs. 13500/- with effect from 01.04.2004. (e) For issuance of further appropriate writ(s)/ order(s)/direction(s) directing the concerned respondents-authorities to forthwith release the House Rent Allowance on the basis of enhanced pay scale of Rs. 8000/- to Rs. 13500/- and to release arrears of difference of House Rent Allowance since the same is being paid on the basis of unrevised pay scale. (f) Any other relief or reliefs as your Lordships may deem fit and proper for which the petitioner is very much entitled under the facts and circumstances of the case. Now the petitioner has confined its prayer for the relief of sub-clause (d) of clause (1) of the relief portion, whereby prayer has been made for issuance of a direction upon the concerned respondents to forthwith release the subsistence allowance alongwith 50% of Dearness Allowance pay by fixing his pay scale in the pay scale of Rs. 8000-13500/- with effect from 01.04.2004 although a criminal case is going on.
(2.) This writ application was filed on 09.07.2014. A counter affidavit has been filed on behalf of respondent no.4 Deputy Secretary, Animal Husbandry and Fisheries Department, Govt. of Jharkhand dated 17.06.2015 bringing on record at para -9 that petitioner is an accused in the fodder scam case no. R.C.48(A)/96-PAT.
(3.) At para-10 it is stated that departmental proceeding was also initiated against the petitioner in 2004, but in accordance with the judgment passed by the Hon'ble Supreme Court on 30.03.1999 in the case of Capt. M.Paul Anthony Vs. Bharat Gold Mines & Another, the said department proceeding has been kept in abeyance till the disposal of the said criminal case.;