Jharkhand High Court
Dr. Badal Narayan Ghosh vs The State Of Jharkhand on 22 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 3352 of 2021
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Dr. Badal Narayan Ghosh ......... Petitioner.
Versus
1. The State of Jharkhand.
2. The Principal Secretary, Higher & Technical Education
Department, Govt. of Jharkhand, Ranchi.
3. The Director, Higher Education, Higher & Technical Education
Department, Govt. of Jharkhand, Ranchi.
4. The Management of Gossner College, Ranchi through its
Secretary.
5. The Ranchi University, Ranchi through its Registrar.
.......... Respondents.
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
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For the Petitioner : Mr. Raunak Sahay, Advocate
For the Resp. : Mr. Naresh Prasad Thakur, AC to GP-IV
Mr. Anoop Kumar Mehta, Advocate
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04/ 22.03.2022 Heard the parties.
2. The petitioner has approached this Court with a prayer for direction
to the respondents to grant pay-scale of Reader to the petitioner as per 6th
and 7th Pay Revision along with all consequential benefits in view of
judgment delivered by Hon'ble High Court in CWJC No. 3495 of 1992 (R)
affirmed in LPA No. 158 of 2000 (R). Further prayer has been made for
direction upon the respondents to provide approval of 3 rd Post in Chemistry
in pursuance of letter dated 30.01.1979 and 10.04.1981.
3. At the very outset, learned counsel appearing for the petitioner
submits that this writ application is squarely covered by the order passed by
the this Court in CWJC No. 3495 of 1992 (R) affirmed in LPA No. 158 of
2000 (R) and also order dated 09.11.2020 passed by this Court in W.P. (S)
No. 2620 of 2015 (Arbind Kumar Lal & Ors. Vs. the State of
Jharkhand & Ors). Learned counsel further submits that this case may be
disposed of in terms of order passed in the aforesaid case.
4. 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 its order in CWJC No. 3495
of 1992 (R) affirmed in LPA No. 158 of 2000 (R) and also order dated
09.11.2020 passed by this Court in W.P. (S) No. 2620 of 2015 (Arbind
Kumar Lal & Ors. Vs. the State of Jharkhand & Ors).and the present
writ petition may be disposed of in view of order passed in above
mentioned case.
5. Be that as it may, without delving into the merits of the case, I hereby
direct the respondent-authorities to verify the factual aspects/ issue involved
in the present writ petition vis-à-vis factual aspects/ issue involved in
CWJC No. 3495 of 1992 (R) affirmed in LPA No. 158 of 2000 (R) and
also order dated 09.11.2020 passed by this Court in W.P. (S) No. 2620 of
2015 (Arbind Kumar Lal & Ors. Vs. the State of Jharkhand & Ors) and
if the facts/ issues involved in the present writ petition is found to be similar
to the writ petition mentioned above, the same benefits may be extended to
the present writ petitioner also, in accordance with law, within a period of
six weeks from the date of receipt/ production of a copy of this order.
6. The respondent-State is directed to release appropriate sanction/
grant-in-aid in favour of the college in question for payment of salary
within a period of four months and on receipt of such amount the college
authorities are directed to pay the salary to the petitioner who is holding
such sanctioned post including the arrears of salary for which he is legally
entitled within a further period of two months.
7. With the aforesaid observations and directions, this writ petition
stands disposed of.
(Dr. S.N. Pathak, J.)
Kunal/
