Jharkhand High Court
Akshay Kumar Mahto vs The State Of Jharkhand Through The ... on 18 April, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6279 of 2017
Akshay Kumar Mahto, son of Sri Upendra Nath Mahto, Resident of
Near I.B., NH - 33, Bundu, P.O. & P.S. - Bundu, District - Ranchi
(Jharkhand) ... ... Petitioner
Versus
1. The State of Jharkhand through the Secretary, Higher, Technical
Education & Skill Development, Department, Government of
Jharkhand, Project Building, HEC, P.O. Dhurwa, P.S. Jagannathpur,
District - Ranchi
2. The Director, Higher, Technical Education & Skill Development
Department, Government of Jharkhand, Project Building, HEC, P.O.
Dhurwa, P.S. Jagannathpur, District - Ranchi
3. The Ranchi University through its Registrar, Ranchi, P.O. - G.P.O.,
P.S. - Kotwali, District Ranchi.
... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Prem Pujari Roy, Advocate
For the Respondents : Mr. Gaurang Jajodia, Advocate
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06/18.04.2022 Heard Mr. Prem Pujari Roy, learned counsel appearing on behalf
of the petitioner.
2. Heard Mr. Gaurang Jajodia, learned counsel appearing on behalf
of the respondent-State.
3. Nobody appears on behalf of the respondent no.3.
4. This writ petition has been filed for the following reliefs:
(i) "For a direction upon the respondents, particularly respondent
no.1 & 2 to forthwith grant approval of the pay scale of the
petitioner in the revised pay scale pursuant to 5th Pay Revision
Committee Report with effect from 01.01.1996 because the service
of the petitioner has been absorbed by the Ranchi University,
pursuant to the direction passed by the Hon'ble Supreme Court
and also because the Ranchi University has already made
recommendation for grant of approval of the revised 5 th Pay Scale
of the petitioner.
(ii) For a direction upon the respondents to consequently approve and
pay the salary to the petitioner in 6th Revised Pay Scale with effect
from the date persons similarly situated to that the petitioner has
been given benefit of 6th revised pay scale.
(iii) For a direction upon the respondent- State as well as Ranchi
University, to pay entire arrears of salary of the petitioner
pursuant to approval of revision of pay scale pursuant to 5 th Pay
revision with effect from 01.01.1996 & further to pay entire
arrears of salary pursuant to approval in 6 th Revised pay scale
w.e.f. 01.01.2006 respectively, till date."
5. Learned counsel for the petitioner submits that vide order dated
20.06.2009 as contained in Annexure - 4, the order of absorption was
passed in favour of 16 persons including the present petitioner whose
name appears at Sl. No.10 in annexure-4. He submits that person namely
S.N. Singh and G.N. Gupta, whose name appear at Sl. nos.2 and 3
respectively had approached this Court for similar relief in W.P.S.
No.5197 of 2017 and the said writ petition was disposed of vide
judgment dated 31.01.2018. The learned counsel submits that the case of
the petitioner is similarly situated.
6. The learned counsel for the respondent-State, on the other hand,
has submitted that no order either allowing or refusing the claim of the
petitioner as such has been passed, but as per the counter-affidavit, the
petitioner is not entitled to the relief as prayed for. However, he submits
that the grievance of the petitioner can be looked into by respondent
no.2, who may be directed to take into consideration the aforesaid
judgment passed in W.P.(S) No.5197 of 2017 and other Circulars, Orders
or binding precedents etc. and pass an appropriate order considering the
grievance of the petitioner in accordance with law.
7. After hearing the learned counsel for the parties and considering
the aforesaid facts and circumstances of this case, the writ petition is
disposed of with a liberty to the petitioner to file a fresh representation
before respondent no.2 along with the copy of the records of this case as
well as a copy of order passed in W.P.(S). No.5197 of 2017 or any other
judgment / order/circular etc which the petitioner seeks to rely, within a
period of three weeks from today. Upon filing of such representation, the
respondent no.2 is directed to give an opportunity of hearing to the
petitioner and pass a reasoned order considering the grievance of the
petitioner in accordance with law taking into consideration the various
provisions of law, circulars, binding precedents etc. The reasoned order
be communicated to the petitioner through speed post within a period of
two months from the date of receipt of a copy of the representation. If the
petitioner is found entitled for any relief, steps be taken by respondent
no.2 so that the monetary benefit is also remitted to the petitioner at the
earliest.
8. It is made clear that this Court has not entered into the entitlement
or otherwise of the claim of the petitioner and it is for the respondent
no.2 to take a decision as per law.
9. Pending interlocutory application, if any, is closed.
Saurav (Anubha Rawat Choudhary, J.)
