JHARKHAND HIGH COURT ISSUES ORDER ON RAJENDRA PRASAD RAM V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Dec. 26 -- Jharkhand High Court issued the following order on Nov. 26:

1. Heard the learned counsel for the parties.

2. The petitioner has challenged the part of the letter dated 2.8.2019 whereby, grade pay of the petitioner has been reduced to Rs.2400/-.

3. The counsel for the petitioner submits that vide Office Order No. 09 dated 28.01.2020 (Annexure-4 to the writ petition) the pay of the petitioner has been reduced, which could not have been. It is his contention that his grade pay should be Rs.2800/-. He also submits that he has already filed application seeking exemption from passing Hindi Noting & Drafting Examination, as per the circular, but no order has yet been passed.

4. Counsel for the respondents submits that the petitioner has already superannuated and his benefit after the superannuation has been calculated considering his grade pay to be Rs.2800/-, which the petitioner is entitled to receive. He further submits that the petitioner is not entitled for the increment as he has not passed Hindi Noting and Drafting Examination nor he has been exempted for passing the said examination.

5. After hearing the counsel for the parties, I find that the petitioner is claiming his grade pay of Rs.2800/-. The respondents in their counter affidavit has already admitted that the retiral benefit of the petitioner has been assessed and fixed considering his pay grade as Rs.2800/-, thus there appears to be no discrepancy in this issue.

6. So far as increment is concerned, admittedly the petitioner has not passed Hindi Noting and Drafting Examination, thus by virtue of Annexure-4 his one increment has been withheld. Admittedly the petitioner has also filed an application seeking exemption from passing of the Examination, but no order has yet been passed by the respondent authorities.

7. In that view, I direct the respondent authorities to pass appropriate order on the petitioner's application by which, he has sought for exemption from passing of the Hindi Noting and Drafting Examination. If the order is in favour of the petitioner, his payment of retiral benefit should be reconsidered by the respondent authorities and appropriate consequential order should be passed.

8. The entire process should be concluded within period of twelve weeks from the date of receipt of a copy of this order along with representation filed by the petitioner.

9. Accordingly, this writ petition stands disposed of.

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