Prof. Nagen Mahto vs The State Of Jharkhand Through The ...
2022 Latest Caselaw 1181 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P.(S). No. 1791 of 2012
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        Prof. Nagen Mahto                                     ... Petitioner(s).
                                       Versus

1. The State of Jharkhand through the Secretary, Human Resources Development Department, Higher Education, Govt. of Jharkhand, Ranchi.

2. The Director, Human Resources Development Department, Higher Education, Govt. of Jharkhand, Ranchi.

3. Ranchi University, Ranchi.

4. The Registrar, Ranchi University, Ranchi.

5. Kolhan University, Chaibasa.

6. The Registrar, Kolhan University, Chaibasa. ... Respondent(s).

        CORAM        :     HON'BLE MR. JUSTICE ANANDA SEN.
                              (Through: Video Conferencing)
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        For the Petitioner(s):          Dr. S.K. Pandey, Advocate
        For the State:                  Mr. Sreenu Garapati, SC-III
        For the Ranchi University:      Mr. A.K. Mehta, Advocate.
        For the Kolhan University:      Dr. Ashok Kr. Singh, Advocate.
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10/25.03.2022:       At the very outset, counsel for the State submits that the legal issue

in this case has already been decided by this Court in the case of Prashant Kumar Mishra and Others Vs. the State of Jharkhand and Others in WP(S) No. 4162 of 2013. He further submits that the aforesaid judgment has been upheld upto the Hon'ble Supreme Court of India. He further submits that as per the said judgment, a particular post cannot have two pay scales. He further submits there is a circular in respect of grant of increment. Learned SC-III further submits that in view of judgment passed in the case of Prashant Kumar Mishra and Others, the petitioner should approach the respondent No. 2 and pray for re-fixation of pay scale from the date of his eligibility, if already not fixed.

2. It is submits that if the petitioner approaches the Director i.e. respondent No. 2, he will consider the claim of the petitioner in respect of fixation of pay scale in terms of the judgment dated 20.6.2017 passed by this Court in the Case of Prashant Kumar Mishra and Others and pass reasoned order. He further submits that if any monetary benefit accrues by virtue of said order, the same will immediately be transmitted to the petitioner.

3. Learned counsel for the petitioner has got no objection to the same.

4. In view of the aforesaid submission, I direct the petitioner to approach the Director i.e. respondent No. 2 by filing a representation. The said respondent will consider the case of the petitioner strictly in terms of the judgment dated 20.6.2017 passed in WPS No. 4162 of 2013 (Prashant Kumar Mishra and Others Vs. the State of Jharkhand and Others) and will pass a reasoned order within 12 (twelve) weeks from the date of receipt of copy of this

order along with representation. If it is found that the petitioner is entitled to get any benefit in terms of the said judgment, the said benefit should be extended to the petitioner within four weeks thereafter.

5. So far as increment is concerned, learned SC-III submit that if any amount remains to be pad to the petitioner as per rule, the same will be paid and if any amount is not legally payable, the reasons thereof should be communicated to the petitioner. A detailed chart showing the payment will also be provided to the petitioner.

6. The University will forward all data in respect of service of the petitioner to respondent No. 2 who will take appropriate decision.

7. Learned counsel Dr. Ashok Kumar Singh appearing for the University submits that the University will ensure forwarding of all documents to respondent No. 2 within four weeks.

8. With the aforesaid observation and direction this petition stands disposed of.

Anu/-C.P.2                                                              (ANANDA SEN, J.)