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2008 Supreme(Jhk) 713

AJIT KUMAR SINHA
Ajit Kumar Mahato – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.P. Deo.
For the Respondents: Mr. K.K. Jhunjhunwala.

Order

This writ petition has been preferred for issuance of a writ to quash the office order issued vide Memo No. 862 dated 6.4.2002 passed by the District Superintendent of Education, East Singhbhum at Jamshedpur. The main contention raised by the petitioner is that the respondent No. 3 misinterpreted the order passed by this Hon 'ble Court dated 2.1.2002 in CWJC No. 1063 of 2000 and erroneously fixed the basic pay scale of Rs. 1400/- which should have been Rs.1,900/- per month with effect from 1 .4.1989 as per 5th Pay Commission Revision. It has also challenged the decision of fixing petitioner's basic pay as Rs.5,300/- per month in place of Rs.6,950/- per month with effect from 1.1.1996 as per 6th Pay Commission Revision. In the order dated 2.1.2002 passed by this Hon 'ble Court in CWJC No. 1063 of 2002 it has been specifically held as under:-

"In my opinion, the petitioner is entitled to get revised pay scale with effect from 1 .4.1989. The respondents are, therefore, directed to pay the revised pay scale to the petitioner on the basis of time bound promotion, if not already paid from 1st April, 1989."

2. The petitioner submits that even the aforesaid direction has not been comp




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