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2024 Supreme(Jhk) 105

SANJAY PRASAD
Raj Kishore Mehra – Appellant
Versus
State of Jharkhand, through the Secretary, Agriculture and Sugarcane Development Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sumeet Gadodia, Adv., Ms. Shilpi Gadodia, Adv., Mr. Prakhar Harit, Adv., Ms. Shruti Shekhar, Adv., Mr. NilLohit Choubey, Adv.
For the State : Mr. Devesh Krishna, S.C.(Mine)-III

JUDGMENT :

Sanjay Prasad, J.

This writ petition has been filed on behalf of the petitioner for quashing of the order issued by Memo No. 106, dated 23.02.2017 (i.e. Annexure-6) by the Joint Agriculture Director, Santhal Pargana Area, Dumka by which pay scale of the petitioner in respect of the 1st A.C.P. and 2nd A.C.P. has been revised in the light of the decision of the Screening Committee and it has further been directed to recover the excess payment made to the petitioner. It has also further been ordered in the said memo dated 23.02.2017 that the 3rd M.A.C.P. will be paid to the petitioner only after recovery of excess payment made to him so far as this petitioner is concerned.

2. Heard Mr. Sumeet Gadodia, learned counsel for the petitioner and Mr. Devesh Krishna, learned S.C.(Mines)-II for the respondents.

3. Learned counsel for the petitioner has submitted that the impugned Office order dated 23.02.2017, as contained in Annexure 6, is illegal, arbitrary and not sustainable in the eye of law. It is submitted that the petitioner has satisfactorily completed 35 years of service. It is submitted that after implementation of the 5th Pay Revision, the pay of the petitioner was fixed

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