Jharkhand High Court
Balram Upadhyay S/O Late Amarnath ... vs The State Of Jharkhand Through Chief ... on 30 June, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:18250
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (S) No. 4061 of 2017
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Balram Upadhyay S/o Late Amarnath Upadhyay, R/O
Baskala, P.O.-Baraj, P.S-Kahalgaon & Dist- Bhagalpur,
Present resident of Sri Raghunandan Tewary College,
Dhamri, P.O & P.S-Mehrama, Dist- Godda....Petitioner
Versus
1. The State of Jharkhand through Chief secretary, Govt of
Jharkhand, Project bhawan, P.O. & P.S. Jagarnathpur,
Dist- Ranchi.
2. The secretary, Higher and Technical Education
Department, Govt. of Jharkhand, Nepalhouse, Ranchi,
P.O. & P.S.Doronda, Dist-Ranchi
3. Sidho Kanho Murmu University, Dumka through its
registrar, Dumka, P.O, P.S & Dist-Dumka.
4. The Vice chancellor, Sido Kanho Mumru University,
Dumka, P.O, P.S & Dist-Dumka
5. The Registrar, Sidho Kanho Murmu University, P.O. P.S.
& Dist-Dumka.
6. The professor-in-charge, Shri Raghunandan Tewary
College, Dhamri, P.O. & P.S-Mehrama, Dist- Godda.
....Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. Onkar Nath Tewary, Advocate
For the Resp.-State : Mr. Rajesh Kumar Singh, A.C to
S.C(L&C)-II
For the Resp.-University: Mr. Mithilesh Singh, Advocate
Mr. Bhanu Pratap, A.C to Mr.
Mithilesh Singh, Advocate
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06/30.06.2025 The instant writ application has been preferred
by the Petitioner for the following reliefs:
i) To grant equal wages for equal work to the
Petitioner as the Petitioner occupied the post and
discharged the same work as their regular
Lecturer/Assistant Professor in the college
ii) To regularize service of the Petitioner as the
Petitioner is working since 1988 against the
sanctioned second post of Lecturer/Assistant
Professor in Sociology Department and also this
post is vacant.
iii) To pay the Petitioner arrears of salary and pay
all the consequential benefits arising out of the
services of this petitioner including promotion,
salary, pay increment, etc. since date of
appointment
2025:JHHC:18250
2. During course of hearing, by order dated
10.12.2019 the case was adjourned at the request of
learned counsel for the University when it was submitted
that similar issue was pending before the Division Bench in
L.P.A. No. 109 of 2019, 111 of 2019 and L.P.A. No. 113 of
2019.
3. Learned counsel for the Petitioner submits that
all these appeals preferred by the State/University have
been decided against them; as such, the Petitioner is
entitled for the reliefs as claimed in the instant writ
application.
4. Learned counsel for the Respondents draws
attention of this Court towards the order dated 12.02.2025,
wherein the University was directed to seek instruction as
to whether the petitioner has been paid his salary for the
period he worked or not.
5. Today, when the case is called out Mr. Singh,
learned counsel for the University upon instruction
submits that if the Petitioner will approach the 5th
Respondent; then his case would be considered in the light
of the judgment, which has been upheld by Division Bench
of this Court.
6. Having regard to the aforesaid submission and
looking to the prayer made in the instant writ application,
the same is hereby disposed of by directing the Petitioner to
approach the 5th Respondent by filing a fresh
representation annexing all the judgments including the
judgment passed by Division Bench referred to hereinabove
and a detailed calculation with regard to the salary and
other benefits as early as possible.
The moment 5th Respondent receives the same,
he shall verify the records of the case and also the
grounds/judgments annexed with the fresh representation,
and shall take a decision in the matter and pass
2025:JHHC:18250
appropriate order in accordance with law and applicable
Rules and Regulations and also in the light of the judgment
referred to hereinabove.
The entire exercise for taking a fresh decision
shall be completed within a period of 12 weeks from the
date of receipt of the fresh representation. Subsequently,
the admitted dues shall be paid within a further period of 4
weeks.
7. Accordingly, the instant writ application stands
disposed of in the manner indicated hereinabove.
(Deepak Roshan, J.)
Jk
