Jharkhand High Court
Radha Krishna Prasad vs The Union Of India on 18 September, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:28695
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 3850 of 2015
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1. Radha Krishna Prasad, son of late Dharam Nath Prasad, resident of Lohbani Dhaiya, P.O.-I.S.M., P.S. & District - Dhanbad, Jharkhand.
2. Tileshwar Prasad, son of late Tejlal Prasad, resident of - Sahayogi Nagar, sector -2, P.O. & P.S. Saraidhela, District - Dhanbad.
3. Mahendra Prasad Sinha, son of late Rameshwar Prasad, resident of - Amarpali Apartment, A/B Jharudih, P.O, P.S & District Dhanbad.
4. Shio Prasan Prasad son of late Ram Subhag Mochi, resident Lohabani Dhaiya, P.O.- I.S.M., P.S. & District Dhanbad, Jharkhand.
5. Deo Narayan Tiwari, son of Late Radhey Tiwari, resident of - Premchand Nagar, House No. 35 P.O. & P.S. - Sadar, Dhanbad, District - Dhanbad.
6. Khaderan Ram, son of late Rupa Ram, resident of - Prem chand Nagar, Police Lane, P.O. & P.S.- Dhanbad sadar, District- Dhanbad.
7. Ram Nandan Singh, son of late Satya Narain Singh, resident of- CMPF Co-operative Colony, P.O. Kasturba Gandhhi Asharam, P.S.- Saraidhela, District - Dhanbad.
8. Chandra Madhawa Singh, son of Ram Kumar Singh, resident of
-CMPF Co-operative Colony, P.O. - Kasturba Gandhhi Asharam, P.S.- Saraidhela, District - Dhanbad.
9. Vijay Kumar Malhotra, son of late Gyan Singh, resident of - CMPF Co-operative Colony, P.O. Kasturba Gandhhi Asharam, P.S.- Saraidhela, District - Dhanbad.
10. Bijay Mohan Deo, son of late Januna Das, resident of CMPF Co- operative Colony, P.O. Kasturba Gandhhi Asharam, P.S.- Saraidhela, District - Dhanbad.
11. Ram Chandra Prasad, resident of- CMPF Co-operative Colony, P.O.- Kasturba Gandhhi Asharam, P.S. Saraidhela, District Dhanbad.
12. Md. Ali Asghar, son of late Md. Kashab, resident of - Washepur, Shamshad Nagar, P.O. & P.S. Bank More, District -Dhanbad.
13. Md. Iqbal Hussain, son of late Rafaquat Husasin, resident of - Washepur, Shamshad Nagar, P.O. & P.S. Bank More, District - Dhanbad.
14. Azimuddin, son of late Badruddin Ansari, resident of- Washepur, Shamshad Nagar, P.O. & P.S. - Bank More, District
-Dhanbad.
15. Mehtab Alam, son of late Hazinoor Modh, resident of - Washepur, Shamshad Nagar, P.O. & P.S. - Bank More, District
-Dhanbad.
16. Abdul Quddus Khan, son of late Abdus Shakur, resident of - Washepur, Shamshad Nagar, P.O. & P.S. - Bank More, District
-Dhanbad.
12025:JHHC:28695
17. Ram Pravesh Tiwari, son of Late Jaimangal Tiwari, resident of - MIVP 120/23 Jaimarg, at Housing Colony, Ranchi.
18. Dineshwar Singh, son of Kameshwar Singh, resident of - Harmu Housing Colony, P.O.- Harmu, P.S.- Argora, District Ranchi.
19. Sita Ram Prasad, son of late Shayam Nandan Prasad, resident of - Thakur Kuli, P.O. Nagnagar, P.S. Dhanbad Sadar, District -
Dhanbad. ......Petitioners
Versus
1. The Union of India.
2. The Commissioner, Coal Mines Provident Fund organization, having its office at Head Qtrs. and office at Dhanbad, P.O. & P.S. Dhanbad, District - Dhanbad. .....Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : M/s. Raj Nandan Chatterjee, Priya Saw, Advocates For the Resp.-UOI : Mr. Prashant Vidyarthi, Sr.P.C. For the Resp.-CMPF : Mr. Prashant Kr. Singh, Advocate
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10/Dated:-18.09.2025
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioners praying therein for the following reliefs:
For issuance of writ in the nature of mandamus or any appropriate writ/(S), order/(S), direction/(S), commanding upon the respondents for revision of the scale of pay of the petitioners in terms of the office memorandum of Govt. of India Ministry of Finance No. F. No. 1/1/2008-IC dated 13th November, 2009 which has been issued pursuant to the recommendation of VIth Pay commission whereby and where under a grade pay of Rs. 4600 has been granted in the pay band PB-2 revising the pre exited Rs. 4200/- in pay band.
For giving the consequential arrear after refixation of scale of pay and to fix the pension and other retiral benefits on the basis of enhanced scale of pay.
To call upon the respondents to show cause as to how the enhanced scale of revised pay of Rs. 4600 of Pay Band PB-2 has not been implemented in the petitioners organization discriminating and making a clear cut violation of Article 14 of the Constitution of India causing great financial loss to the petitioners.
3. Ld. Counsel for the Petitioners fairly submits that at this stage it would suffice if the Respondents be directed to look into the matter and take a decision on the grievance of these petitioners in accordance with law.
22025:JHHC:28695 There is no serious objection by the Respondents' Counsel.
4. Looking to the overall facts and circumstances of the case and the submission of learned counsel for the parties, the instant writ application is hereby disposed of by directing the 2nd respondent to consider this writ application as representation and take a decision in the matter in accordance with the applicable rules and regulations of the respondent-Coal Mines Provident Fund Organization with regard to the prayer made in this writ application.
5. It goes without saying the since the matter is of 2015, accordingly, the entire exercise shall be completed within a period of 12 weeks from the date of receipt of this order.
One of the petitioners is directed to serve the copy of the entire writ record to the 2nd respondent.
6. Accordingly, the instant writ application stands disposed of. Pending I.A., if any, also stands closed.
(Deepak Roshan, J.) SEPTEMBER 18, 2025 vikas/-
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