JUDGMENT :

1. With consent of the parties, hearing of the matter has been done through video conferencing. They have no complaint whatsoever about any audio and video quality.

2. The instant appeal preferred under Clause 10 of the Letters Patent is directed against the order/judgment dated 14.05.2019 passed by the learned Single Judge of this Court in W.P. (S) No. 227 of 2016 whereby and whereunder the decision of the State authority as contained in Memo No. 8770(S) dated 10.12.2014 has been quashed holding the writ-petitioner/respondent entitled for pay scale of Rs. 2610-3540.

3. The brief facts of the case as per the pleading which require to be enumerated read as hereunder:

The writ-petitioner/respondent was appointed on Class- IV post in the year 1980. He was granted first time bound promotion in the pay scale of Rs. 800-1150. In terms of recommendation of 5th Pay Revision Committee, the pay scale of Rs. 800-1150 was revised by resolution dated 08.02.1999 in the pay scale of Rs. 2610-3540. The writ-petitioner/respondent along with other persons were not granted the aforesaid benefit. Some of the aggrieved persons preferred writ petition being W.P. (S) No. 4041 of 2001 and vide order dated 25.02.2003 the learned Single Judge of this Court allowed the writ petition with a direction that the writ-petitioners are entitled to get the pay scale of Rs. 2610-3540 in place of pay scale of Rs. 2550-3200. The State of Jharkhand had challenged the aforesaid order in Letters Patent Appeal being LPA No. 92 of 2005 but was dismissed on 26.04.2006. Being aggrieved by the said order, the State of Jharkhand had filed a Special Leave Petition before the Hon’ble Apex Court which also stood dismissed on 16.11.2017 and again being aggrieved by the said order, State had filed a review petition being Review Petition (Civil) No. 615 of 2009 and on 23.07.2009, the same also stood dismissed on merits and on the ground of delay also.

The writ-petitioner/respondent approached to this Court as the dispute was set at rest after the order passed in W.P. (S) No. 4041 of 2001 had attained its finality fixing the pay scale of Rs. 2610-3540, as such, the writ-petitioner/respondent also claimed the same benefit on the ground that he is similarly situated and when no action was taken, this writ-petitioner/respondent has preferred a writ petition being W.P. (S) No. 495 of 2013 which was disposed of on 18.07.2013 by directing the authority to decide the claim of the writ-petitioner/respondent and in turn thereof, a decision was taken but the claim of the writ-petitioner/respondent has been rejected vide Memo No. 8770(S) dated 10.12.2014.

Being aggrieved by the said decision, the writ-petitioner/respondent has again moved to this Court by filing writ petition being W.P. (S) No. 227 of 2016 and the learned Single Judge of this Court after taking into consideration the fact about the order passed in W.P. (S) No. 4041 of 2001, having attained its finality up to the level of Hon'ble Apex Court as also the order passed by another learned Single Judge of this Court in W.P. (S) No. 495 of 2013 wherein the case of the writ-petitioner/respondent has been found to be identical to those petitioners whose case were decided in W.P. (S) No. 4041 of 2001, has allowed the writ petition, which is the subject matter of the instant intra-court appeal.

4. Mr. Devesh Krishna, learned SC-III (Mines) appearing for the State of Jharkhand has submitted that the learned Single Judge has committed gross error in passing the order without taking into consideration the implication of resolution dated 08.02.1999. In the said resolution it has been decided to abolish the existing facilities of Time Bound Promotions and Selection Grades, discussed in Paras 10 and 12 of FD. Resolution No. 6021 dated 18.12.1989 and they shall cease to be applicable with effect from 01.01.1996 and thereafter in the existing pay scales. If any such promotion, however, is due under the Rules before 01.01.1996, it shall be