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Judgment
Ananda Sen, J
By filing this writ petition, the petitioners have prayed for the following reliefs:-
"For issuance of an appropriate writ in the nature of mandamus commanding upon the respondents to grant and disburse the difference of the pay scale for the post of Assistant Engineer and Junior Engineer, for the period from 25/03/2022 to 26/09/2025, in respect of petitioners no. 1 to 7, 9 and 10 and for the period from 25/03/2022 to 30/12/2023 in respect of the petitioner no. 8, with interest at the rate of 10% for performing their duties on the said higher post."
Heard learned counsel representing the petitioners and learned counsel representing the respondents.
On the last date i.e. 08.01.2026, Mr. Ashim Kr. Sahani, learned counsel representing the petitioners submitted that on the facts and law, this case is covered by the order dated 07.08.2019 passed by a Coordinate Bench of this Court in the case of Baneshwar Rabidas Vs. The State of Jharkhand & Anr. [W.P.(S) No.5196 of 2018]. On his submission, this Court had directed learned counsel representing the respondent - State to seek instruction and inform this Court as to whether the case is covered by the aforesaid case of Baneshwar Rabidas (supra), or not.
Today, Mr. Kishore Kr. Singh, learned SC-V representing the respondent - State, while referring to Letter No.332 dated 22.01.2026 which was addressed to him by the Under Secretary, Government of Jharkhand, submits that the case of these petitioners is covered by the order passed by this Court in the case of Baneshwar Rabidas (supra). He also submits that these petitioners are still in service whereas Baneshwar Rabidas had already superannuated, thus 10% interest was granted and in this case since the petitioners are still working, they are not entitled for 10% interest on the amount.
At this stage learned counsel Mr. Ashim Kr. Sahani, submits that his clients are also not claiming interest on the amount.
Considering the submission of learned counsel representing the parties, since it is an admitted fact that this case is governed by the order passed by a Coordinate Bench of this Court in the case of Baneshwar Rabidas Vs. The State of Jharkhand & Anr. [W.P.(S) No.5196 of 2018], I direct the respondents to pay the difference of salary for the posts of Assistant Engineer and Junior Engineer for the period 25.03.2022 to 26.09.2025, in respect of petitioner Nos.1 to 7, 9 and 10, and for the period 25.03.2022 to 30.12.2023 in respect of petitioner No.8, as granted in the case of Baneshwar Rabidas (supra), but with a rider that the petitioners are not entitled for any interest over the same. The amount should be paid within a period of eight weeks from the date of receipt of copy of this order.
With the aforesaid observation and direction, this writ petition stands disposed of.
