Anurodh Koiri aged about- 60 years, Son of- Late Shambhu Nath Koiri, Resident of v. 1. The State of Jharkhand through the Secretary, Higher, Technical Education & Skill Development
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2024 of 2023 Anurodh Koiri aged about- 60 years, Son of- Late Shambhu Nath Koiri, Resident of- Jamudag, P.O. & P.S. - Sonahtu, District- Ranchi (Jharkhand). Petitioner … … Versus 1. The State of Jharkhand through the Secretary, Higher, Technical Education & Skill Development Department, Government of Jharkhand, Project Building, HEC, P.O. Dhurwa, P.S. Jagannathpur, District-Ranchi. 2. The Director, Higher, Technical Education & Skill Development Department, Government of Jharkhand, Project Building, HEC, Р.О. Dhurwa, P.S. Jagannathpur, District-Ranchi. 3. The Ranchi University through its Registrar, Ranchi, P.O. -G.P.O., … Respondents P.S. Kotwali, District Ranchi. … And W.P.(S) No. 2029 of 2023 Ram Sewak Singh, Aged about -64 years, Son of- Late Laxmi Narayan Singh, Resident of- Bahadih P.O. & P.S. - Reladih, District- Ranchi (Jharkhand). Petitioner … … Versus 1. The State of Jharkhand through the Secretary, Higher, Technical Education & Skill Development Department, Government of Jharkhand, Project Building, HEC, PO. Dhurwa, P.S. Jagannathpur, District-Ranchi. 2. The Director, Higher, Technical Education & Skill Development Department, Government of Jharkhand, Project Building, HEC, Р.О. Dhurwa, P.S. Jagannathpur, District-Ranchi. 3. The Ranchi University through its Registrar, Ranchi, P.O. -G.P.O., P.S. Kotwali, District Ranchi. … Respondents … CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner(s)
Legal Reasoning
--- : Mr. Prem Pujari Roy, Advocate [in both the cases] For the Ranchi University: Mr. Amritanshu Singh, Advocate For the Resp. – State : Mr. Raunak Sahay, AC to GP-V : Mr. Abhinay Kumar, AC to GA-I --- 05/12.04.2024 Learned counsel for the parties are present. 1 2. Learned counsel for the petitioners submits that similar issues are involved in W.P.(S) No. 2024 of 2023 and W.P.(S) No. 2029 of 2023. 3. The learned counsels for the respondents do not dispute this fact. 4. Accordingly, these two cases have been taken up together. 5. W.P.(S) No. 2024 of 2023 has been filed for the following reliefs: “ (i) For issuance of appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding and directing the respondents, more particularly respondent no. 3 herein to immediately and forthwith issue necessary notification granting of benefits admissible under 1st, 2nd and 3rd ACP/MACP Scheme in vogue w.e.f. 14.08.2002 & 01.08.2008 respectively, especially taking into consideration the fact that the petitioner had rendered a continuous service more than 3 decades, without availing a single promotion, till date, as such, is entitled under the law to get the benefits payable under ACP/MACP scheme in current revised pay scale; also considering the fact that the services of the petitioner has been absorbed by the Ranchi University in PPK College, Bundu, pursuant to the direction passed by the Hon'ble Supreme Court of India in Civil Appeal no. 6098 of 1997; and in the light of the recommendation made by the Hon'ble Mr. Justice (Retd.) S.C. Agarwal Commissions report, as well as, appreciating the fact that several persons similarly situated to that of the petitioner have already been granted the benefit of ACP/MACP scheme in current revised pay scale. (ii) For issuance of appropriate writ(s), order (s) and/or direction(s), particularly a writ in the nature of mandamus commanding and directing the respondent- State as well as Ranchi University, to pay entire arrears of salary of the petitioner consequent upon grant of benefits admissible under 1st, 2nd and 3rd ACP/MACP Scheme.” 6. W.P.(S) No. 2029 of 2023 has been filed for the following reliefs: “(i) For issuance of appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding and directing the respondents, more particularly respondent no. 3 herein to immediately and forthwith issue necessary notification granting of benefits admissible under 1st , 2nd and 3rd ACP/MACP Scheme in vogue w.e.f. 14.08.2002 & 01.08.2008 respectively, especially taking into consideration the fact that the petitioner after rendering a continuous service more than 3 decades has retired from service on 31.12.2019; without availing a single promotion, as such, is entitled under the law to get the benefits payable under ACP/MACP scheme in current revised pay scale; also considering the fact that the services of the petitioner has been absorbed by the Ranchi University in PPK College, Bundu, pursuant to the direction passed by the Hon'ble Supreme Court of India in Civil Appeal no. 6098 of 1997; and in the light of the recommendation made by the Hon'ble Mr. Justice (Retd.) S.C. Agarwal Commissions report, as well as, appreciating the fact that several persons similarly situated to that of the petitioner have already been granted the benefit of ACP/MACP scheme in current revised pay scale. 2 (ii) For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ particularly in nature of mandamus commanding upon the respondents that consequent upon grant for ACP/MACP benefit, the respondent may further be directed to revised entire pensionary benefits including fixation of current pension and to make payment of arrears of difference of salary and other post retiral dues in terms of revised pay scale consequent upon grant of ACP/MACP benefits.” 7. Learned counsel for the petitioners has submitted that the petitioner in W.P.(S) No. 2024 of 2023 has also retired during the pendency of this case. 8. Learned counsel for the respondent- State has submitted that a counter-affidavit has been filed in W.P.(S) No. 2029 of 2023 wherein a letter no. 794 dated 05.04.2023 has been brought on record which has been issued by the Director, Higher Education, Government of Jharkhand, Ranchi whereby information has been requested from all the universities with regard to grant of benefit of ACP/MACP to non- teaching staffs of the universities of the State and its sub-ordinate colleges. The Universities have been asked to furnish the information with regard to the amount to be paid as arrears to the non-teaching staffs of the University and its sub-ordinate colleges till 31.03.2023 and the expenditure incurred on salary every year, in the prescribed form annexed with the said letter. 9. However, in W.P.(S) No. 2024 of 2023, a counter-affidavit has been filed by referring to judgment passed by this Court in W.P.(S) No. 4403 of 2014 and analogous cases which was disposed of vide order dated 27.02.2015 and it has been submitted that the petitioners are not entitled for ACP/MACP as the same has not yet been made applicable to the employees of the University. 10. Learned counsel for the petitioners has submitted that in view of the letter dated 05.04.2023 annexed with the counter-affidavit filed in W.P.(S) No. 2029 of 2023, it appears that the claim of the petitioners is under consideration and an appropriate policy decision is required to be undertaken and therefore, the information has been called for from all the Universities. He submits that the said letter has been issued on 05.04.2023, but the same has not been taken to a logical end and therefore, appropriate orders be passed so that the grievance of the petitioners is ultimately redressed. 3 11. Learned counsel for the respondent- University has submitted that appropriate steps will be taken to comply the letter dated 05.04.2023, if not already complied. He submits that no counter- affidavit as such has been filed in the present case and he is not aware about the present status of compliance of the letter dated 05.04.2023. 12. After hearing learned counsel for the parties and the considering the facts and circumstances of this case, it appears from the letter dated 05.04.2023 annexed with the counter-affidavit in W.P.(S) No. 2029 of 2023 that the matter regarding ACP/MACP of non-teaching employees of the Universities in the State is under consideration and some information has been sought for from the Universities. At this stage, this Court is not inclined to grant the relief as prayed for by the petitioners in these writ petitions as the matter is under active consideration of the respondents. However, the decision making process is certainly required to be expedited. 13. Accordingly, these writ petitions are disposed of directing the respondent – University to expedite the matter pursuant to the letter dated 05.04.2023, if not already complied. 14. Upon receipt of necessary information in terms of the letter dated 05.04.2023, the Respondent no.1 is directed to expedite the matter and take steps so that a final decision is taken within a period of six months from the date of receipt of the information in terms of
Decision
their letter dated 05.04.2023. 15. These writ petitions are accordingly disposed of. 16. Pending interlocutory application, if any, is closed. Pankaj (Anubha Rawat Choudhary, J.) 4