Jharkhand High Court
Usha Rani Wife Of Late Ram Narayan ... vs The State Of Jharkhand on 24 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6052 of 2022
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Usha Rani wife of Late Ram Narayan Singh, resident of Usha Cottage,
Shiv Durga Mandir Lane, Bangali Mohalla, Ratu Road, PO Hehal, PS
Sukhdeo Nagar, District Ranchi.
... Petitioner
-versus-
1. The State of Jharkhand.
2. Principal Secretary to His Excellency the Governor, State of
Jharkhand at Raj Bhawan, Ranchi.
3. Principal Secretary, Department of Higher and Technical Education,
Govt. of Jharkhand at Nepal House, Doranda, Ranchi.
4. The Vice Chancellor, Ranchi University, Ranchi.
5. The Registrar, Ranchi University, Ranchi.
... Respondents
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Saurav Arun, Advocate
Ms. Rinki Kumari, Advocate
For the Respondents : Mr. Anshuman Kumar, AC to SC (L&C)
Mr. Amit Kumar, Advocate
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3/ 24.01.2023 Heard learned counsel for the petitioner and learned counsel for
the respondents.
2. Petitioner, in this writ petition, has prayed for the following reliefs:-
a) for issuance of a writ(s)/order(s)/direction(s) or a writ
in the nature of mandamus commanding upon the
respondents to pay forthwith the arrears of salary as
per 5th, 6th and 7th Pay Revision to the petitioner in the
pay scale of Rs.12000-420-18300 with effect from
1.1.1996 till date as the issue is no more res integra
and decided by this Hon'ble Court also affirmed up to
the Division Bench of this Hon'ble Court by which the
issue regarding two pay scales of 'Reader' have been
struck down considering only one post of Reader in
view of the judgment passed by this Hon'ble Court in
WP(S) No.4162/2013 affirmed in L.P.A. No.661/2019,
AND
b) for issuance of writs(s)/order(s)/direction(s) or a writ
in the nature of mandamus commanding upon the
respondents to act in terms of judgment passed by this
Hon'ble Court and pay its arrear for 5th, 6th and 7th Pay
Revision forthwith as given to the petitioners of the
above referred case
c) for issuance of a writ(s)/order(s)/direction(s) or a writ
in the nature of mandamus commanding upon the
respondents not to discriminate the present petitioner
as that of the petitioners in favour of whom the issue
have already been decided and hence entitled for the
pay scale of Rs. 12000-420-18300/- in place of Rs.
10000-325-15200/- as the Hon'ble Court has already
held that there is only one scale in the cadre of Reader
i.e. Rs. 3700-5700/- revised up to date which comes to
Rs. 12000-420-18300/- AND
d) for issuance of a writ(s)/order(s)/direction(s) or a writ
in the nature of mandamus commanding upon the
respondents that after paying the arrear re-fix all retiral
benefits including its arrear and refix family pension
and pay the arrear of the same.
3. Counsel for the petitioner submits that the husband of the
petitioner was a Reader in Marwari College under the Ranchi University. As
there was a dispute in respect of pay scale of Readers, the matter was
agitated before this Court. Issue was ultimately settled by a Division Bench of
this Court in L.P.A. No.22 of 2018 [The State of Jharkhand & Another
versus Prashant Kumar Mishra & Others] and L.P.A. No.661 of 2019 [The
State of Jharkhand & Another versus Prashant Kumar Mishra & Others].
The aforesaid judgment passed by the Division Bench of this Court was
challenged by the State before the Hon'ble Supreme Court of India in Special
Leave to Appeal (C) No.11104 of 2020, which was dismissed on 18.09.2020. It
is the case of the petitioner that after the final order was passed in Special
Leave to Appeal (C) No.11104 of 2020, the said Prashant Kumar Mishra and
others have been extended the said scale. Petitioner for her husband claims
same treatment as was meted out to Prashant Kumar Mishra and others as he
stood on equal footing to that of Prashant Kumar Mishra and others.
4. Counsel appearing for the respondents submits that the matter
needs to be examined as the husband of the petitioner expired in the year
2004. He submits that if any amount is found payable, same will be paid to the
petitioner, after considering the judgment passed by the Division Bench of this
Court in L.P.A. No.22 of 2018.
5. Considering the said submissions, I direct the petitioner to
approach the Registrar, Ranchi University, Ranchi within a period of four
weeks from today. The Registrar, Ranchi University will consider the claim of
the petitioner for her husband, after going through the records and if it is found
that the husband of the petitioner is entitled to similar benefits as granted to
Prashant Kumar Mishra and others, pursuant to the judgment passed by the
Division Bench of this Court in L.P.A. No.22 of 2018, the Registrar, Ranchi
University shall pass an appropriate order and will communicate the same to
the State. The State, thereafter, will disburse necessary funds to the
University, which in turn will be paid to the petitioner. If any part of the claim of
the petitioner is turned down, reasons thereof should also be communicated to
the petitioner. Entire process should be completed within 12 (twelve) weeks
from the date of receipt of a copy of this order.
6. With the aforesaid observations and directions, this writ petition
stands disposed of.
(Ananda Sen, J.)
Kumar/S.K/Cp-02
