The main legal point established in the judgment is the application of precedent and the direction to treat similar cases in a consistent manner.

JUDGMENT :

Both these interlocutory applications have been preferred on behalf of the petitioners for carrying out necessary amendment in the prayer portion as well as in relevant paragraphs of the main writ petition.

2. From the record, it appears that during pendency of the writ petition, some subsequent development took place, which needs to be challenged in the main writ petition. The proposed amendment has been made in paragraph-1 of the respective I.A. It has also been mentioned therein that if the proposed amendment is not allowed, the petitioner shall suffer irreparable loss and injury and by allowing the proposed amendment, the nature of the writ petition shall not be changed.

3. Learned counsel appearing for the respondents has no objection to the same.

4. Let the proposed amendment in para-1 of the interlocutory applications, be taken as part of the writ petitions.

5. The aforesaid interlocutory application stands allowed.

W.P.(S) No. 1276 of 2012 & W.P.(S) No. 1277 of 2012

6. Since, in both these writ petitions, same and similar impugned orders are under challenge, they are taken up together and are being disposed of by this common order.

7. Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the respondents.

8. Both these writ petitions have been filed initially by the petitioners with a prayer for direction to the respondents to pay the arrears of salary for the period 01.1.1999 to 30.6.2004 along with dearness allowance, increments and other monetary benefits legally payable to the petitioners, as other similarly situated persons have already been paid their arrears of salary for the period in question in the light of the Court’s order. However, during pendency of these writ petitions, the respondents have rejected the claim of the petitioners vide order dated 25.5.2016. Accordingly, the petitioners filed interlocutory application seeking amendment of the writ petition and challenged the Order dated 25.5.2016.

9. At the very outset, learned counsel appearing for the respondents submits that similar issue fell for consideration before this Court in W.P.(S). No. 1232 of 2016, in which, this Court, after hearing the counsel for the parties at length, held the entitlement of the petitioner for the salary for the period from 1.1.1999 to 30.6.2004 and quashed the order whereby the claim of the petitioner was rejected. Thereafter, the Jharkhand State Cooperative Bank Limited has preferred letters patent appeal, being L.P.A. No. 418 of 2019 (The Jharkhand State Co-operative Bank Ltd. Vs. Dhiren Kumar Mandal), whereby, the Division Bench held the order passed by the Writ Court to be proper and legal. Learned counsel also submits that thereafter the Jharkhand State Cooperative Bank Limited preferred Special leave to Appeal No. 14913 of 2020, which was also stood dismissed vide order dated 9.2.2021. Learned counsel submits that the issue involved in this case is same and similar to the aforesaid case and as such, a direction may be given to the respondents to treat the present petitioners in similar fashion, as that of the aforesaid cases.

10. Per contra, counter affidavit has been filed by the respondents. However, learned counsel representing the respondents very fairly submits that the issue involved in this case has already been decided by this Court and as such, the present petitioners may also be extended the same benefits, as has been given to the petitioners of the aforesaid case.

11. Be that as it may, having gone through the fair submissions of the parties and upon perusal of the records of the case, this Court is of the considered view that the issue involved in this writ petition has already been decided by this Court and affirmed up to the Hon’ble Apex Court, in the case of The Jharkhand State Co-operative Bank Ltd. Vs. Dhiren Kumar Mandal (supra). In such circumstances, I hereby direct the respondent concerned to verify the factual aspects/issues involved in the present