The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4119 of 2024 1. Lal Bihari Singh @ L.B. Singh, aged about 67 years, S/0 Ramashish Singh, R/o G/40, Pragati Enclose, P.O. & P.S. Hirapur, Distric Dhanbad Jharkhand 2. Parmeshwar Mahto, aged about 69 years, S/o Late Pela Ram Mahto, R/o village Gobindpur, G.T Road, P.O & P.S Gobindpur, District Dhanbad, Jharkhand 3. Sushil Kumar Lal Das @ Sushil Kr. Lal Das, aged about 70 years, S/o Anchyuta Nand Das, Kusum vihar, Piprabera, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand 4. Debjani Biswas, aged about 67 years, D/o late Anil Kumar Biswas, R/o House No. 191 I, Luby Circular Road, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand. 5. Devendra Kumar @ D. Kumar, aged about 69 years, S/o late K.P. Roy, R/o plot No. A/95, Kusum Vihar, Koyla Nagar, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand. 6. Avinash Kaur, aged about 69 years, W/o Arun Kumar Kohli, R/o BT-32, Roharabandh, P.O. & P.S. Sindri, District Dhanbad, Jharkhand. 7 Shiv kumar Chopra @ S.K. Chopra, aged about 66 years, S/o M.R. Chopra, R/o Krishna Nagar, P.O. Koyla Nagar, P.S. Saraidhela, District Dhanbad, Jharkhand. 8.Adhir Chandra Trigunait @ A.C. Trigunayait, aged about 68 years, S/o B.N. Trigunait, R/o Village Malkera, Trigunait Basti, P.O. & P.S. Katrasgarh. P.O. & P.S. Katras, District Dhanbad, Jharkhand. 9. Ajaya Kumar Singh @ A.K. Singh, aged about 70 years. S/o Paras Nath Singh, R/o Barwadih, Anand Nagar, P.O & P.S. Katras, District Dhanbad, Jharkhand. 10. Seema Sinha, aged about 66 years, W/o R.K. Ambasta, R/o Luby Circular Road, Opposite Combined Building, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand. 11. Shailendra Kumar Sinha @ S.K. Sinha, aged about 66 years, S/o Daya Shankar Prasad, R/o Flat No. B. Third Floor, nagendra Tower, P.O. & P.S. Damodarpur, District Dhanbad, Jharkhand. 12. Jai Narayan Singh @ J.N. Singh, aged about 66 years, S/o Radha Prasad Singh, R/o H. No. 715, Near Amrapali Apartment, P.O. & P.S. Jharudih, District Dhanbad, Jharkhand. Petitioners Versus 1 1. The State of Jharkhand, through the Chief Secretary Government of Jharkhand, office at Project Building Dhurwa, PO & PS Dhurwa, District Ranchi, Jharkhand, 834004 2. The Principal Secretary, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O and P.S. Doranda, District Ranchi, Jharkhand- 834002 3. The Director, Higher Education, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, 3rd Floor, Yojana Bhawan, Nepal House, P.O and P.S. Doranda, District Ranchi, Jharkhand- 834002. 4. Binod Bihari Mahto Koylanchal University through its Registrar, Government Polytechnic Road, P.O. and P.S. Dhanbad, District Dhanbad, Jharkhand, 828130. 5. The Vice Chancellor, Binod Bihari Mahto Koylanchal University, Government Polytechnic Road, P.O. and P.S. Dhanbad, District Dhanbad, Jharkhand, 828130. 6 The Registrar, Binod Bihari Mahto Kaylanchal University, Government Polytechnic Road, P.O. and P.S Dhanbad, District Dhanbad, Jharkhand, 828130 CORAM
Legal Reasoning
: HON’BLE MR. JUSTICE DEEPAK ROSHAN ............Respondents --- -- For the Petitioner : Mr. Baibhaw Gahlaut, Advocate For the Respondents : Mr. Ravi Kerketta, S.C.-VI -- 04/21.08.2024 Heard learned counsel for the parties. 2. The instant application has been preferred by the petitioner praying for a direction upon the respondent authorities to pass an appropriate order to increase the maximum limit of retirement gratuity payable to the teachers of State Universities and constituent college to Rs. 20 Lakhs with effect from 01.01.2016. 3. Learned counsel for the petitioner submits that the respondents may be directed to make payment of gratuity due to the petitioners pursuant to increase of maximum limit of retirement gratuity payable to the teachers of State Universities and constituent college to Rs. 20 Lakhs along with statutory interest. 2 Learned counsel further draws attention of this Court towards Annexur-4 and submits that the issue involved in this writ application has already been decided in the case of Mahendra Nath Tiwari and analogous cases (W.P.(S) No. 793 of 2021). He further submits that similar order has also been passed in W.P(S) No. 4921 of 2022; as such similar benefit may be extended to these petitioners. 4. Learned counsel representing the Respondents fairly admits that the issue involved in this writ application is same and similar with that of W.P(S) No. 793 of 2021 and analogous cases; as such the instant application may be
Decision
disposed of in the same line. 5. Having regard to the aforesaid submissions and looking to the prayer made in the instant writ application, it appears that in the case of Mahendra Nath Tiwari (supra) the Coordinate Bench of this Court has held at para-28 (I) as under: (I) “28(I).In the result, the writ petitions are disposed of to the extent as under: The petitioners will be entitled for the amount of gratuity at par with the State Government to the tune of Rs. 20,00,000/- [Twenty lakhs] w.e.f 01.01.2016. However, the interest over the amount of Rs. 20,00,000/- shall be paid in favour of writ petitioners w.e.f from 06.08.2021, from the date of notification, within a period of six months from the date of receipt of copy of order.” From the aforesaid order, it appears that the issue involved in this case will be governed by the observation given by Coordinate Bench of this Court which has been quoted hereinabove. 6. Accordingly, the instant writ application is hereby disposed of by directing the respondent no. 4 to verify the records of the case and if the case of these petitioners is on same and similar footing; then their case should also be recommended to the State Government, who shall accord the fund for payment. 3 It is made clear that the University shall take four weeks’ time to decide the issue with respect to the petitioners’ school as to whether they will be entitled or not and if they are found to be entitled, the University shall send the necessary order to the State Government who in turn shall do the needful and pass necessary order for extending the fund within a further period of four weeks. 6. With the aforesaid observations/directions, the instant application stands disposed of. jk (Deepak Roshan, J.) 4