Braj Lal Bhakta vs The State Of Jharkhand
2021 Latest Caselaw 3335 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P.(S). No. 2177 of 2021

      Braj Lal Bhakta                          ...      ...      ...         Petitioner

                                               Versus
      1. The State of Jharkhand
      2. The Principal Secretary, Higher & Technical Education Department,
           Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda,
           District Ranchi
      3. The Director, Higher Education, Higher & Technical Education Department,
           Government of Jharkhand, Nepal House, Doranda, P.O. and P.S. Doranda,
           District Ranchi
      4. The Management of Gossner College, Ranchi through its Secretary, Club
           Road, Ranchi, P.O. G.P.O., P.S. Lower Bazar, District Ranchi
      5. The Ranchi University, Ranchi through its Registrar, having its office near
           Saheed Chowk, P.O. G.P.O., P.S. Kotwali, District Ranchi
                                                      ...      ...      ....   Respondents
                                           ------

      CORAM:            THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
                        (Through: Video Conferencing)
                                           ------
      For Petitioner            : Mr. Abhishek Sinha, Advocate
      For Respondents           : Ms. Priyanka Boby, A.C to G.A.

For the Ranchi University : Mr. Anoop Kumar Mehta, Advocate

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04/ 08.09.2021 Heard the parties.

Petitioner has approached this Court with a prayer for a direction upon the respondents to grant pay scale of Reader as per 6th and 7th Pay Revision along with all consequential benefits including arrear arising thereof and to extend all benefits in view of judgment and direction of this Court passed in CWJC No.3495 of 1992 (R) and affirmed in LPA No.158 of 2000 (R).

2. At the very outset, Mr. Abhishek Sinha, learned counsel appearing for the petitioner submits that the issue involved in this writ petition is now no more res integra and this writ application is squarely covered by the order dated 07.04.2021 passed in W.P.(S) No. 1023 of 2021 by this Hon'ble Court and as such, this case may be disposed of in terms of orders passed in the aforesaid case.

On the other hand, learned counsel appearing on behalf of the respondents very fairly submits that issues involved in this writ petition has already been decided by this Hon'ble Court in W.P.(S) No. 1023 of 2021 and if the case of the petitioner is found same and similar to the cases of the petitioners

in W.P.(S) No. 1023 of 2021, the present petitioner shall also be given the same benefits.

In view of the fair submissions made by the learned counsel for the parties, this writ application is being disposed of in terms of the directions issued by this Hon'ble Court in W.P.(S) No. 1023 of 2021 and if the case of the present petitioner is found same and similar to the cases of the petitioners in W.P.(S) No. 1023 of 2021, the same benefits shall also be extended to the present petitioner.

Accordingly, I hereby direct the respondents-authorities to verify the factual aspects/ issues involved in the present writ petition vis-à-vis factual aspects/ issues involved in W.P.(S) No. 1023 of 2021 and if the facts/ issues involved in the present writ petition is found to be similar to the aforementioned writ petition, the same benefits shall be extended to the present writ petitioner also, in accordance with law, within a period of eight weeks from the date of receipt/ production of a copy of this order.

With the aforesaid observations, this writ petition stands disposed of.

(Dr. S.N. Pathak, J.)

Rohit/-