Chando Lal Jayaswal vs The State Of Jharkhand Through The ...
2025 Latest Caselaw 4791 Jhar

Jharkhand High Court

Chando Lal Jayaswal vs The State Of Jharkhand Through The ... on 16 April, 2025

Author: Deepak Roshan

Bench: Deepak Roshan

                                                                           ( 2025:JHHC:11519 )

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W.P(S). No. 1816 of 2025
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Chando Lal Jayaswal, aged about-70 years, son of late Ratan Lal Jaiswal, Resident of Bundu, PO & PS-Bundu, District-Ranchi, Jharkhand .......Petitioner Versus

1. The State of Jharkhand through the Secretary, Higher, Technical Education & Skill Development, having its office at Nepal House, Doranda, P.O &P.S.-Doranda, District Ranchi(Jharkhand)

2. The Director, Higher, Technical Education & Skill Development Department, having its office at Nepal House, Doranda, PO & PS Doranda, District-Ranchi (Jharkhand)

3. The Ranchi University, through its Registrar, P.O University, P.S Kotwali, Ranchi-834008, District-Ranchi(Jharkhand) .....Respondents

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  CORAM:         HON'BLE MR. JUSTICE DEEPAK ROSHAN
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  For the Petitioner             : Mr. Prem Pujari Roy, Advocate

  For the Respondent-University               : Mr.Amit Kumar Sinha, Advocate
  For the Respondent-Sate                     : Mr. Shivam Anand Pathak, AC to SCIII


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  04/ Dated: 16.04.2025

The petitioner had approached this Court praying for a direction upon the respondent authorities to pay the arrears of salary in the light of 5th, 6th and 7th Pay Revision Commission, as also the pay scale of Rs. 12000- 420-18300 as per 5th PRC with effect from 1.1.1996 to 30.05.2005 to the petitioner

2. At the very outset, learned counsel appearing for the petitioner submits that similar issue fell for consideration before this Court in W.P.(S) No. 4162 of 2013 (Prashant Kumar Mishra & Ors. Vs. The State of Jharkhand & Ors.) wherein the petitioners of the said case were held entitled for pay scale of Rs. 12000-420-18300 in place of pay scale of Rs. 10,000-15200/. He further submits that the judgment delivered in W.P.(S) No. 4162 of 2013 was affirmed by the Division Bench of this Court in L.P.A. No. 22 of 2018 and L.P.A. No. 661 of 2019, and also by the Hon'ble Apex Court in Special Leave Petition (Civil) No. 11104 of 2020. In view of the above, he contended that a direction may be issued to the respondent authorities to treat the present petitioner in similar fashion as that of the petitioners of the aforesaid cases.

3. Learned counsel representing the respondents-University supports the contention of the petitioner. However, learned counsel for the State submits that whether the case of this Petitioner is same and similar to that of Prashant Kumar Mishra & Other petitioners of that case has to be verified.

4. Having regard to the fair submissions of the learned counsel for the rival parties and upon perusal of the records of the case, the instant writ application is hereby disposed of by directing the concerned respondent to verify the factual aspects/issues involved in the present writ petition vis-à-vis issues involved in the aforesaid cases and if the facts/issues involved in the present writ petition are found to be same and similar to the aforementioned cases, similar benefits be also given to this petitioner.

5. Needless to say that the Petitioner shall file a detailed representation before the concerned respondent enclosing the copy of this order along with other documents on which he is relying upon. Upon receipt of the same, the concerned respondent shall pass a reasoned and speaking order thereon within a period of Ten weeks from the date of receipt of such representation and if the petitioner is found entitled for the benefits, the same be extended to him within a further period of four weeks thereafter.

6. As a result, the instant writ petition stands disposed of in the manner indicated hereinabove.

(Deepak Roshan, J.)

Abha/