Jharkhand High Court
Shyama Nand Jha vs The State Of Jharkhand on 6 May, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(S) No. 1654 of 2024
Shyama Nand Jha ....Petitioner
Versus
1. The State of Jharkhand
2. Secretary, Department of Higher & Technical Education,
Government of Jharkhand, Ranchi.
3. The Vice Chancellor, Ranchi University, Ranchi.
4. The Registrar, Ranchi University, Ranchi.
....Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mrs. Nirupama, Advocate
For Respondents-State : Mr. Mithilesh Singh, G.A.V
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03/06.05.2024 Learned counsel for the parties are present.
2. The prayer in the writ petition is made for directions upon the
respondent to allow the pay scale of 12000-420-18300 in UGC pay in
place of Rs. 10,000-15200 w.e.f. 01.01.1996 corresponding to
refixation in the 6th and 7th UGC Pay Scale. The further prayer is
made for consideration of the case in the light of the order rendered
in W.P. (S) No. 4162 of 2013 in Prashant Kumar Mishra and Ors. Vs.
State of Jharkhand.
3. Learned counsel for the petitioner submits that the petitioner
joined as lecturer on 08.02.1983 and promoted to the post of reader
on 08.02.1993. He has done his Ph. D. on 05.09.1990 and he was
posted at B.M.D. College Dayalpur, Vaishali Bihar. The petitioner
retired from service 28.02.2021 as Head of the Department,
Philosophy from Ranchi University, Ranchi. She submits that the
case of the petitioner is covered in the light of the judgment of a
coordinate Bench passed in W.P.(S) No. 4162 of 2013 which has
been affirmed up to the Hon'ble Supreme Court and the said
judgment has already been implemented by the State Government. In
spite of that the fruit of that is not provided to the petitioner. She
submits that the petitioner has already approached the respondent
nos. 3 and 4 by way filing representation. However, till date no
decision has been taken by the Ranchi University, Ranchi.
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4. Learned counsel for the Ranchi University submits that since
representation is there and in view of that the respondent nos. 3 and 4
will take decision in accordance with law.
5. Learned counsel for the University submits that the
representation is there and in view of that the respondent nos. 3 and 4
can take decision in accordance with law.
6. Learned counsel for the State submits that once the
recommendation will be made to the State Government the State
Government will move in accordance with law.
7. It appears that the case of the petitioner is covered in view of
the judgment of this Court in W.P. (S) No. 4162 of 2013 which was
affirmed up to Hon'ble Supreme Court. The said judgment has
already implemented for the other employees. However, the benefit
of that has not been provided to the petitioner and further the
representation is still pending before the respondent nos. 3 and 4. In
the light of that the writ petition is being disposed of directing the
respondent nos. 3 and 4 to take a final decision on the said
representation within four weeks from the date receipt/production of
a copy of this order.
8. If the decision is taken in favour of the petitioner, the same will
be forwarded to the State Government within two weeks further
thereafter. On receiving of the fund from the Government, Ranchi
University, Ranchi will implement the same in the light of the order
passed in W.P. (S) No. 4162 of 2013 as that order has been affirmed
upto the Hon'ble Supreme Court and the same has already been
implemented so far other employees are concerned.
9. With the above observations, this writ petition is disposed of.
(Sanjay Kumar Dwivedi, J.)
MM
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