Chief Secretary, Government of Jharkhand, Project Building, P.O v. and P.S
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 424 of 2023 1. Chandrashekhar Prasad, Aged 88 years, [Ex-University Professor]; Son of Late Shiv Prasad, Resident House No. 12, Gandhi Road, Old Sonari, P.O. and P.S. Jamshedpur, District Singhbhum East, Jharkhand. 2. Syed Noorul Imam Hashmi, Aged 69 years; son of Late Rafique Ahmad Hashmi [Ex University Professor Commissioned on 10.10.2003]; Resident of Flat No. A-210, Ashiana Residency Green, Pardih Road, P.O. and P.S. Mango, Jamshedpur, District Singhbhum East, Jharkhand 832110. 3. (a) Kalawati Devi, aged about 78 years, w/o late Tribhuwan Jha @ Tribhuwan Ojha, HO House No. A – Block, D – 94, Khutadih, P.O. and P.S. Sonari, Jamshedpur, Dist- Singhbhum East 4. Mrs. Dulari Devi, wife of Late Rabindra Nath Singh [Ex. Commissioned Reader, Karimcity College, Jamshedpur], Aged 82 years, Resident of L/2 60, Kulsi Road, P.0. and P.S. Sakchi, Jamshedpur, District Singhbhum East, Jharkhand 831001 5. Manzoor Ahmad, Aged 78 years, [Ex- University Professor]; Son of Late Md. Naim Ahmad, Resident of Road No. 7, Holding No.30 Azadnagar, Mango,P.O. and P.S. -Mango, District- Singhbhum East, Jharkhand 832110 6. Raushan Ara, Aged 66 years; Wife of Late Bashiruddin Commissioned Reader]; Resident of - H. No. 11, Cross Road No. 5, New Colony Mango, A, Azad Nagar, P.O. and P.S. Mango, Jamshedpur, District- Singhbhum East, Jharkhand 832110.
Legal Reasoning
7. Nasreen, Aged 88 years; Wife of Late Md. Yasin (Ex. Lecturer in Urdu and Ex. Principal of the College); Resident of Ex-5/3, Vatika Green Valley, Pardih road, Near Chepa Pull, P.O. Mango, P.S. Azadnagar, Jamshedpur, District Singhbhum East, Jharkhand. 8. Smt. Nishat Kausar, Aged 76 years, wife of Late Prof. Iqbal Hussain Ansari, Resident of New Colony, C- Block, Road No. 5, P.O. and P.S. Azad Nagar, Jamshedpur, District – Singhbhum East, Petitioners Jharkhand … … 1. The State of Jharkhand 2. Chief Secretary, Government of Jharkhand, Project Building, P.O. Versus and P.S.- Dhurwa, District- Ranchi, Jharkhand. 3. Principal Secretary, Department of Higher, Technical Education and Skill Development, Government of Jharkhand, Nepal House, P.O. and P.S.- Doranda, District Ranchi, Jharkhand. 4. Director, Department of Higher, Technical Education and Skill development, Government of Jharkhand, Nepal House, P.O. and P.S. - Doranda, District - Ranchi, Jharkhand. 5. Ranchi University, Ranchi, through its Vice Chancellor, P.O. - GPO, P.S.- Kotwali, District Ranchi, Jharkhand. 6. Kolhan Univesity, P.O. and P.S.- Chaibasa, District- Singhbhum West, through its Registrar, P.O. and P.S.- Chaibasa, District Singhbhum West. 7. Karim City College, through Principal, Sakchi, P.O. and P.S.- Mango, Jamshedpur, District - Singhbhum East. … … Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioners --- : Mr. A. Allam, Sr. Advocate : Ms. Sushmita Kumari, Advocate : Mrs. Asfia Sultana, Advocate : Mr. Abhinay Kumar, AC to GA I For the State For the Ranchi University: Mr. Manish Kumar, Advocate For the Kolhan University: Mr. Rajveer Singh, Advocate 10/15.05.2024 --- Heard the learned counsels for the parties. 2. This writ petition has been filed for the following reliefs: “a. For issuance of an appropriate writ/writs, order/orders, direction/directions or writ in the nature of mandamus directing the respondents to implement Gazette Notification issued by the Government of India on 05.08.2016 (Resolution taken on 04.08.2016) (ANNEXURE- 3), New Delhi, whereby and whereunder, the Government of India has implemented the 7th Pay Revision of Pension with effect from 01.01.2016. b. For issuance of an appropriate writ/writs, order/orders, direction /directions or writ in the nature of mandamus directing the respondents to issue directions to the State of Jharkhand and the respondent nos. 2 and 3 to implement Notification of the Central Government Gazetted on 05.08.2016, by virtue of Notification of the State Government as contained in Memo No. 319, dated 07.02.2019 (ANNEXURE-4) whereby and wheeunder the State of Jharkhand had decided to implement the benefits of 7th Pay Revision in Pension to the employees of the University equally irrespective of any distinction made in between the University employees, employees of the Constituent Colleges and the Minority Aided Colleges with effect from 01.01.2016 itself. c. For issuance of an appropriate writ/writs, order/orders, direction / directions, or writ in the nature of certiorari to quash part of the Notification of the State Government issued by the respondent nos. 2 and 3 vide Memo No. 306, dated 09.03.2022 (ANNEXURE-5) whereby and whereunder the State Government has decided to implement the benefits of 7th Pay Revision of pension to the University employees as well as to the employees of the Constituent Colleges except the Minority Aided Colleges which are fully aided by the Government and to whom the benefits of pension was allowed by the Notification with effect from 19.12.2012 irrespective of the period whether teaching or non- teaching staffs of the Minority Aided Colleges were retired prior to 19.12.2012 or thereafter, as finally decided by this Hon'ble Court vide order dated 12.08.2016 passed in W.P. (S) No. 1654 of 2013 and W.P.(S) No. 758 of 2013 and affirmed by the Division Bench of this Hon'ble Court vide L.P.A No. 616 of 2017 and further affirmed by the Hon'ble Supreme Court on 06.03.2020 passed in S.L.P. (C) No. 6147 of 2020, So far petitioners are concerned. 2 d. For issuance of an appropriate writ/writs, order/orders, direction /directions directing the respondents, not to discriminate amongst equals in the similar situation and similar circumstances as initially held by the Hon'ble Supreme Court in the case of D.S. Nagara and such distinction are also not made in view of Section 71 Jharkhand University Act 2000 read with Statute No. 2 dated 25.11.1982, enforced with effect from 14.11.1980, with regard to the University employees and its Constituent Colleges and subsequently it is extended to the Minority Fully Aided Colleges in view of Articles 28 and 30 of the Constitution of India. e. For issuance of an appropriate writ/writs, order/orders, direction /directions to issue directions to the respondents concerned to pay difference of pension/family pension under the 6th and 7th Pay Revision as they were already allowed the benefits of 6th Pay Revision at the time when the concerned Professor retired and some of them have received the benefits of 6th Pay Revision in Pension as well as Family Pension to their wife in case of death of the husband, which has been made effective from the respective dates in Ranchi University and the Constituent Colleges. So, petitioners are also allowed for the revision of pension up to date as given to the teaching and non-teaching employees of the Ranchi University and the Constituent Colleges equally. AND/OR f. Pass such other writ/writs, order/orders, direction/directions as Your Lordship may deem fit and proper.” 3. The learned Senior counsel for the petitioners submits that the surviving grievance of the petitioners is in connection with 7th pay revision and the petitioners are seeking 7th pay revision w.e.f. 01.01.2016. He has also submitted that the petitioners had a grievance that similarly situated persons were given 7th pay revision w.e.f. 01.01.2016. He submits that all the petitioners have attained the age of superannuation and are getting pension. 4. The learned counsel for the respondents has referred to the counter affidavit dated 31.07.2023 and has submitted by referring to the para – 8 thereof that a policy decision has been taken vide Memo No.306 dated 09.03.2022 in terms of which all the retired teachers of state universities and its constituent colleges have been given 7th pay revision w.e.f. 01.04.2021. He has further referred to para no.8 of the supplementary counter affidavit which has been filed today that vide letter no.428 dated 12.03.2024, pension was granted in the 7th pay scale to the teachers and officials who retired against sanctioned post with finance of minority colleges w.e.f. 01.04.2021. 5. The learned counsel submits that the retired teachers of aided minority colleges are now treated at par with that of the retired 3 teachers of State universities and its constituent colleges and they have been given the pay revision w.e.f. 01.04.2021. 6. At this, the learned counsel for the petitioners has submitted that if that is the position, then the petitioners have no surviving grievance. He submits that appropriate order may be passed so that the admissible amount be remitted to the petitioners. 7. After hearing the learned counsels for the parties and considering the specific stand taken by the respondents that the 7th pay revision has been extended to the retired teachers of the State Universities and its constituent colleges as well as to aided minority institutions w.e.f. 01.04.2021, apparently, the petitioners do not have any surviving grievance. This Court is of the view that admissible dues arising out of such decision of the State Government is required to be remitted to the petitioners at the earliest. 8. Accordingly, this writ petition is disposed of with a direction upon the respondents to do the needful once the requisite information is received from the concerned minority institution. The needful be done within a period of 6 months from the date of receipt of requisite information with regard to the petitioners from the concerned minority institution. 9. Pending interlocutory application, if any, stands closed. Saurav (Anubha Rawat Choudhary, J.) 4