Supreme Court of India

ASHOK KUMAR & ORS.versusTHE STATE OF JHARKHAND & ORS.

Citation: 2018 INSC 495
Decided: 14 May 2018
Disposal: Order modified
Bench: JASTI CHELAMESWARSANJAY KISHAN KAUL

Holding

The Court deleted paragraphs 25 and 26 of the earlier judgment and modified paragraph 27 to require payment of the differential mandatory benefits within three months of the order.

Summary

The Supreme Court entertained Civil Appeal No. 877 of 2018 filed by Ashok Kumar and others against the State of Jharkhand concerning the payment of differential mandatory benefits, including increments, under the Jharkhand Judicial Service (Recruitment) Rules, 2004. The Court had earlier, on 11 May 2018, issued directions in paragraphs 25, 26 and 27 of its judgment. Upon hearing counsel, the Court held that the directions in paragraphs 25 and 26 were unnecessary and ordered their deletion. It further clarified paragraph 27, directing that the respondent must ensure the payment of the differential benefits within three months from the date of the order. The modification was recorded in an order dated 14 May 2018, thereby amending the earlier judgment.

Issues considered

Whether the directions contained in paragraphs 25 and 26 of the earlier judgment were necessary.
What specific time‑frame should be imposed for the payment of differential mandatory benefits and increments to the appellants.

Legislation cited

Jharkhand Judicial Service (Recruitment) Rules, 2004s. rr.21, s. rr.22, s. rr.27

Subjects

Jharkhand Judicial Service Rulesdifferential mandatory benefitsincrementscourt order modificationcivil appealservice recruitmentremuneration

Judgment

                          [2017] 7 S.C.R. 765                               765


                      ASHOK KUMAR & ORS.                                    A
                                   v.
               THE STATE OF JHARKHAND & ORS.
                    (Civil Appeal No. 877 of 2018)
                                                                            B
                            MAY 14, 2018
  [J. CHELAMESWAR AND SANJAY KISHAN KAUL, JJ.]
      Jharkhand Judicial Service (Recruitment) Rules, 2004 – rr.21,
22 and 27 – In Judgment dated 11.5.2018 titled Ashok Kumar &                C
Ors. v. State of Jharkhand and reported in [2017] 7 SCR 755,
paragraphs 25 and 26 stand deleted – Further paragraph 27 to be
read as “the respondent will ensure that the differential mandatory
benefits including increments are remitted to the appellants within a
period of three months from the date of the order” .
                                                                            D
        CIVIL APPELLATE JURISDICTION: Civil Appeal No. 877 of
2018.
      From the Judgment and Order dated 03.03.2016 of the High Court
of Jharkhand at Ranchi in W. P. (S) No. 5186 of 2014.
                                                                            E
      Amit Gupta, Ms. Mansi Kukreja (For M/s. Mitter & Mitter Co.),
Advs. for the Appellants.
     Tapesh Kumar Singh, Mohd. Waquas, Aditya Pratap Singh,
Chandra Bhushan Prasad, Advs. for the Respondents.
        The following Order of the Court was passed:                        F

                             ORDER
       On the matter being mentioned, the learned counsel for the parties
stated that there may not be necessity of a direction as contained in
paragraphs 25 and 26 of the judgment passed by this Court on 11.5.2018,     G
which accordingly stand deleted.
      They further plead that paragraph 27 of the said judgment may be
read as under:

                                                                            H
                                  765
766              SUPREME COURT REPORTS                           [2018] 7 S.C.R.


A            “The respondent will ensure that the differential mandatory
      benefits including increments are remitted to the appellants within a period
      of three months from the date of the order.” Ordered accordingly.


      Devika Gujral                                       Modification in earlier order.
B




C




D




E




F




G




H

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