Jitendra Kumar & Others vs The State Of Jharkhand & Others
2021 Latest Caselaw 1229 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (S) No. 516 of 2021

             Jitendra Kumar & Others                                 ... Petitioners
                                    -Versus-
             The State of Jharkhand & Others                         ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Indrajit Sinha, Advocate For Resp. No.1 : Mr. Gaurav Abhishek, A.C. to A.G. For Resp. Nos. 2 & 3 : Mr. Akashdeep, Advocate For Resp. No. 4 : Mr. Anoop Kumar Mehta, Advocate

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03/10.03.2021. Heard Mr. Indrajit Sinha, learned counsel for the petitioners, Mr.

Gaurav Abhishek, learned counsel for the respondent no.1, Mr. Akashdeep,

learned counsel for respondent nos. 2 and 3 and Mr. Anoop Kumar Mehta,

learned counsel for respondent no.4.

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.

Mr. Indrajit Sinha, learned counsel appearing for the petitioners

submits that the University is guided by its own statutes regarding the

pension scheme. It is admitted fact that the Statutory Body of the University

has to take a decision whether the aforesaid scheme is applicable and if

applicable, from which date it has been considered. He further submits that

it is a settled principle of law that Executive Instructions are not applied

retrospectively. He draws attention of the Court towards the judgment

rendered by the Hon'ble Patna High Court in C.W.J.C. No.9783 of 2013,

which has been subsequently affirmed by the Division Bench of the High

Court in L.P.A. No.2159 of 2016. He further argues that the impugned order

is not applicable in the case of the petitioners.

The respondents are directed to file counter affidavit within four

weeks.

Learned counsel for the respondent-State is also directed to clarify

their stand regarding policy decision of the State Government which is

applicable in the University.

Post this matter after four weeks under the heading for 'Admission'.

Till then, status quo as is existing today shall be maintained.

Let this matter be tagged with W.P.(S) No. 4097 of 2019.

(Sanjay Kumar Dwivedi, J.) Ajay/