The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3318 of 2012 Mayankesh Ranjan, son of Dr. Babuan Singh r/o Asha Niketan, Williums Town, P.O.+ P.S. + Dist. Deoghar, Jharkhand … … Petitioner Versus 1. State of Jharkhand and others 2. The Secretary, Human Resources Development Department, Project Building, P.O. and P.S. Dhurwa, District-Ranchi 3. Director, Higher Education Human Resource Development Department, Jharkhand 4. The Vice Chancellor, Sidho Kanhu Murmu University, Dumka, P.O.+ P.S.+ Dist. Dumka, Jharkhand … … Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Respondents For the Universisty
Legal Reasoning
--- : Mr. Prashant Pallav, Advocate : Mr. Varun Prabhakar, Advocate : Mr. Mithilesh Singh, Advocate --- 12/04.05.2023 Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs:- “That in the instant writ application, the petitioner prays for issuance of writ /order/direction particularly a writ in the nature of Certiorari for quashing of the order passed vide memo no SKMU/RG/418/12 dated 04.05.2012 by the Registrar, Sidho Kanhu Murmu University whereby and whereunder the representation filed by the petitioner pursuant to the order passed by this Hon'ble court in WP(S) No. 701/2012 dated 28.2.2012 wherein the petitioner had prayed for the fixation of his Salary in the 5th pay scale grade w.e. from 01.01.1996 (5500-9000/- ), determination of 1st A.C.P. 20.01.2004 upon completion of 12 years of regular service), Fixation of Salary in as per Sixth Revised Pay w.e.f. 01.01.2006, determination of 2nd ACP on 20.1.2012 on completion of 20 years of regular service as per sixth pay revision, Payment of different of salary and other allowances/ consequential benefits from 20.01.1992 to 28.02.2012 on account of the above mentioned rectification of pay as well as determination of ACP, was rejected on arbitrary and illegal ground And The petitioner further prays of issuance of writ/order/direction particularly writ in the nature of mandamus directing the the respondent authorities petitioner: - following reliefs to grant to 2 (a) Rectification in the anomaly in fixation of 5th pay scale from 4000- 6000/- to 01.01.1996, 5500-9000/- (b) Fixation of the Salary of the petitioner in 6th revised pay scale w.e.f. 01.01.2006, (c)Grant of 1st ACP to the petitioner w.e.f. 20.1.2004 upon is completion of 12 years of regular service. (d) Grant of 2 ACP to the petitioner in terms of revised 6 pay scale upon completion of 20 years of regular service i.e. from 20.01.2012 (e) Payment of difference of salary and other allowance from 20.1.1992 to rectification of the scale of the petitioner for the above- mentioned reasons alongwith statutory rate of interest.” the date of payment due till 3. On 03.05.2023 it was submitted by the learned counsel for the respondents that the grievance of the petitioner in connection with payment with regard to 5th pay revision, 6th pay revision and ACP has been redressed on the basis of pay which was fixed by the State Government. It was also submitted that the petitioner has filed a representation before the Registrar of the University wherein following statement has been made: “Human Resource Development Department, Govt. of Jharkhand has recently sent 5th Pay Fixation chart of Non-Teaching Employees w.e.f. 01-01-1996. In the fixation my old pay scale on 01-01-1996 is shown as 1200-1800 and revised Pay Scale is given as 4000-6000. This fixation is not correct.” 4. In the aforesaid background, it was submitted that the grievance of the petitioner has to be essentially considered by the State Government. The petitioner had earlier filed a writ petition and the Registrar of the University was directed to pass speaking order which has been passed on 04.05.2012 (Annexure- 11) pursuant to the order dated 28.02.2012 passed in W.P.(S) No. 701 of 2012. It was submitted that since no direction was passed upon the State in connection with the grievance of the petitioner on the point of fixation of pay, therefore, the grievance of the petitioner with regards to fixation of pay scale was not yet redressed. It was also submitted that the petitioner may have to approach the respondent no. 3 for redressal of his grievance as no adverse order as such is on record in connection with the grievance of the petitioner regarding fixation of pay. 3 5. In view of the aforesaid submissions recorded on the last date, learned Counsel for the petitioner Mr. Prashant Pallav has submitted
Decision
that this writ petition may be disposed of and liberty be reserved with the petitioner so that he may approach the respondent No. 3 for redressal of his grievance with regard to fixation of pay. 2. Counsel for the State and University have no objection to the prayer made. They reiterate that no adverse order with regard to claim of the petitioner regarding fixation of pay has been brought on record. 3. Considering the aforesaid submission, this writ petition is disposed of enabling the petitioner to approach the respondent No. 3 in connection with his grievance regarding fixation of 5th pay scale w.e.f. 01.01.1996 by filing a detailed representation along with a copy of the writ record and a copy of this order within a period of one month from today. 4. Upon filing of such representation, respondent No. 3 is directed to consider the grievance of the petitioner and pass reasoned order in accordance with law after granting an opportunity of hearing to the petitioner or his authorized representative. The reasoned order be passed within a period of two months from the date of representation and be communicated to the petitioner through speed post at the address to be provided by the petitioner in the representation itself. 5. It is further observed that if the petitioner is found entitled to any monetary benefit out of the reasoned order, appropriate steps be also taken by the respondent No. 3 to ensure that such monetary benefit is also extended to the petitioner within a period of six months from the date of the reasoned order. 6. 7. Pending I.A., if any, is closed. This writ petition is accordingly disposed of. Binit (Anubha Rawat Choudhary, J.)