Jharkhand High Court
Mokhtar Ahsan vs The State Of Jharkhand on 5 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.7196 of 2019
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Mokhtar Ahsan, aged about 69 years, son of Late Md. Fakhruddin, resident
of 206-G, Kabir Nagar, Main Road, P.O. Kapali, P.S. Chandil, District
Seraikella Kharrsawan .... .... .... Petitioner
Versus
1. The State of Jharkhand
2. Principal Secretary, Higher Technical Education & Skill Development
Department, Government of Jharkhand, Nepal House, P.O. & P.S.
Doranda, District Ranchi
3. Director, Higher Technical Education & Skill Development Department,
Government of Jharkhand, Nepal House, P.O. & P.S. Doranda, District
Ranchi
4. Kolhan University through its Vice Chancellor, Chaibasa, P.O. & P.S.
Chaibasa, District West Singhbhum
5. Secretary, Karim City College, Jamshdpur, P.O. & P.S. Sakchi, District East
Singhbhum .... .... .... Respondents
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. A.K. Sahani, Advocate
For the Respondents-State : Mr. Rishu Ranjan, A.C. to S.C. III
For the Respondent-University: Mr. Akash Deep, Advocate
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05/05.02.2021 Heard Mr. A.K. Sahani, learned counsel for the petitioner and Mr.
Rishu Ranjan, learned counsel for the respondents-State as well as Mr.
Akash Deep, learned counsel for respondent-University
This writ petition has been heard through Video Conferencing in
view of the guidelines of the High Court taking into account the situation
arising due to COVID-19 pandemic. None of the parties have complained
about any technical snag of audio-video and with their consent this matter
has been heard.
The petitioner has preferred this writ petition for direction upon the
respondents to pay the retiral benefit including pension, gratuity, leave
salary and balance amount of provident fund as well as benefits of Assured
Career Progression (ACP). Prayer for interest @ 10% has also been made in
this writ petition.
The petitioner has applied for the post of Lab Assistant in the
Department of Chemistry of Karim City College, Jamshedpur. The petitioner
was qualified after following procedure and verification of document. The
petitioner after his appointment joined on 21.11.1978 on the post of Lab
Attendant in the Department of Chemistry, Karim City College, Jamshedpur.
The said college is affiliated with Ranchi University and now it comes within
Kolhan University. The petitioner has worked for more than 30 years and in
that view of the matter, the petitioner is entitled for ACP. The provisional pay
fixation of non-teaching staff was done by the Human Resources
Development (Higher Education) Department, Government of Jharkhand
w.e.f. 01.01.1996/15.11.2000 in respect of Karim City College, Jamshedpur
wherein the name of petitioner is reflected at serial no.16 at the existing pay
scale of pay at Rs.825-1200 which was revised to Rs.2650-4000. The
petitioner upon completion of age 60 years, retired on 30.06.2010. The
petitioner was paid contribution of share of Management but no other
amount has been paid under the head of Provident Fund to the petitioner.
Mr. Sahani, learned counsel appearing for the petitioner submits
that the case of the petitioner is fully covered in view of judgment of this
Court passed in W.P.(S) No.1654 of 2013 which is annexed as Annexure-2 to
the writ petition. He submits that the said judgment is affirmed by Division
Bench of this Court in L.P.A. No.560 of 2017.
Learned counsel for the respondent-State and learned counsel for
the University are jointly submitting that the matter can be disposed of with
direction to the petitioner to file fresh representation along with the
judgment on which the decision can be taken by the competent authority.
In view of above facts and considering the submission of learned
counsel for the parties, the petitioner is directed to file fresh representation
before respondent nos.3 and 4 annexing all the credentials on which the
petitioner is relying within a period of two weeks. If such representation is
filed within the aforesaid period before respondent nos.3 and 4, they shall
take a decision in accordance with Rules, Regulations and Guidelines as well
judgment relied by the petitioner as indicated above within a period of
twelve weeks further thereafter.
With the above observation and direction, the writ petition is
disposed of.
(Sanjay Kumar Dwivedi, J.)
Anit
