Jharkhand High Court
Lal Bihari Singh vs The State Of Jharkhand Through The ... on 8 November, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4460 of 2023
1. Lal Bihari Singh
2. Jai Narayan Singh
3. Shiv Kumar Chopra
4. Gyan Chandra Roy
5. Ajaya Kumar Singh
6. Satyendra Kumar
7. Devendra Kumar
8. Avinash Kaur
9. Seema Sinha ... ... Petitioners
Versus
1. The State of Jharkhand through the Chief Secretary, Government
of Jharkhand, Ranchi
2. The Principal Secretary, Department of Higher, Technical
Education & Skill Development, Government of Jharkhand,
Ranchi
3. The Director, Higher Education, Department of Higher, Technical
Education & Skill Development, Government of Jharkhand,
Ranchi
4. Binod Bihari Mahto Koylanchal University through its Registrar,
Dhanbad
5. Vice Chancellor, Binod Bihari Mahto Koylanchal University,
Dhanbad
6. The Registrar, Binod Bihari Mahto Koylanchal University,
Dhanbad
7. University Grants Commission, through its Secretary, New Delhi
... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Mr. Baibhaw Gahlaut, Advocate
For the Respondent Nos.1 to 3 : Mr. Suraj Prakash, AC to SC-VII
For the Respondent Nos.4 - 6 : Mr. Manish Kumar, AC to
Mr. A.K. Mehta, Advocate
-----
Order No. 04 Dated: 08.11.2023
The present writ petition has been filed for issuance of
direction upon the respondents to fix the salary of the petitioners
at Rs.14,940 as per 5th pay revision in the pay scale of
Rs.12,000-420-18,300 on the date of completion of 5 years of
service as Reader and consequently, pay arrears of salary to them
from the date of the said pay fixation.
2. Mr. Baibhaw Gahlaut, learned counsel for the
petitioners, submits that the petitioner no. 1 was appointed as
Lecturer on 23.11.1981 and promoted on the post of Reader on
23.11.1991. He retired from P.K. Roy Memorial College, Dhanbad
on 30.09.2022. The petitioner no. 2 was appointed as Lecturer on
03.12.1981 and promoted on the post of Reader on 03.12.1991.
He retired from R.S.P College, Jharaia on 30.12.2023. The
petitioner no. 3 was appointed as Lecturer on 11.01.1982 and
promoted on the post of Reader on 06.02.1992. He retired from
R.S.P College, Jharaia on 30.04.2023. The petitioner no. 4 was
appointed as Lecturer on 07.12.1981 and promoted on the post of
Reader on 07.12.1991. He retired from Katras College, Dhanbad on
30.04.2023. The petitioner no. 5 was appointed as Lecturer on
07.12.1981 and promoted on the post of Reader on 07.12.1991.
He retired from Katras College, Dhanbad on 31.03.2019. The
petitioner no. 6 was appointed as Lecturer on 01.01.1981 and
promoted on the post of Reader on 01.01.1991. He retired from
Katras College, Dhanbad on 31.12.2019. The petitioner no. 7 was
appointed as Lecturer on 17.12.1981 and promoted on the post of
Reader on 17.12.1991. He retired from P.K. Roy Memorial College,
Dhanbad on 01.03.2020. The petitioner no. 8 was appointed as
Lecturer on 29.11.1981 and promoted on the post of Reader on
29.11.1991. He retired from Sindri College, Sindri on 30.11.2020.
The petitioner no. 9 was appointed as Lecturer on 27.02.1982 and
promoted on the post of Reader on 27.02.1992. He retired from
S.S.L.N.T College, Dhanbad on 28.02.2023.
3. Learned counsel for the petitioners further submits that
earlier a writ petition being W.P.(S) No. 4162 of 2013 [Prashant
Kumar Mishra & Ors. Vs. The State of Jharkhand & Ors.] was filed
and the same was allowed on 20.06.2017 observing that the
petitioners of the said writ petition were entitled to pay scale of
Rs.12,000-420-18,300 in place of Rs.10,000 to 15,200 along with
the arrears of the pay scale with effect from 01.01.2006 with
further direction to the State respondents to take immediate steps
for providing the replacement scales along with the arrears without
any further delay. Aggrieved with the order of the learned Single
Judge, the State of Jharkhand preferred L.P.A No. 22 of 2018,
which was dismissed vide order dated 18.05.2020 and the order of
the learned Single Judge was affirmed. After the dismissal of the
said L.P.A and consequent to filing of the contempt petition being
Contempt Case (Civil) No. 756 of 2018, the State Government
disbursed the arrears to the aforesaid petitioners as per the
revised pay scale of 12000-420-18300 in place of 10000-15200.
4. Learned counsel for the petitioners also submits that
despite the fact that the pay scale of 10000-15200 was declared
untenable by this Court, the pay of the present petitioners was
notified in the scale of 10000-15200 with effect from 01.01.1996
consequent to their promotion on the post of Reader under the
Time Bound Promotion. Aggrieved therewith, the petitioners along
with others filed a writ petition being W.P.(S) No. 4352 of 2020
which was disposed of vide order dated 02.03.2021 directing the
respondent-State to consider their case in the light of the
judgment rendered by this Court in the case of "Prashant Kumar
Mishra & Ors. Vs. the State of Jharkhand & Ors." as well as
L.P.A No. 22 of 2018 and pass appropriate orders.
5. It is further submitted that the respondent no. 6 vide
letter no. 764 dated 03.09.2021 requested the respondent no. 3
for fixation of pay of the petitioners and others in compliance of
the order dated 02.03.2021 passed by this Court in W.P.(S) No.
4352 of 2020 and proposed to fix the pay of the petitioners at
Rs.14,940 with effect from the date of completion of 5 years
regular service as Reader. However, the respondent no. 3 vide
letter dated 02.05.2022 did not approve the pay fixation as
proposed by the respondent-University and the pay of the
petitioners was not fixed at Rs.14,940 with effect from the date of
completion of 5 years regular service as Reader. Thereafter, a
notification as contained in memo no. 786 dated 07.06.2022 was
issued by the respondent no. 6 without specifying the pay fixation
of the petitioners at Rs.14,940 with effect from the date of
completion of 5 years regular service as Reader. The petitioners
also filed a representation in this regard before the respondent
no. 6, however, the same remained unrespondend, which has
compelled them to prefer the present writ petition.
6. On perusal of letter dated 02.05.2022 issued by the
respondent no. 3, it appears that though fixation of pay scale of
various Readers of different colleges coming under Binod Bihari
Mahto Koylanchal University, Dhanbad at 12,000-18,300 with
effect from 01.01.1996 (5th Pay Revision) and at 37,400-67000 +
AGP 9000 with effect from 01.01.2006 (6th Pay Revision) has been
approved, however, it is not clear from the letter dated 02.05.2022
as to whether fixation of pay of the petitioners at Rs.14,940 with
effect from the date of completion of 5 years regular service as
Reader has been approved. Thus, this Court is of the view that a
specific decision to that effect should be taken by the respondent
no. 3 at the first instance.
7. Accordingly, the respondent no. 3 is directed to take
appropriate informed decision in this regard within two months
from the date of receipt/production of a copy of this order.
8. The writ petition is accordingly disposed of with
aforesaid observation and direction.
(Rajesh Shankar, J.)
Manish
