The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2601 of 2023 ------- 1. Mathura Prasad Vishwakarma, Son of Late Maheshwar Mistri, resident of S.P. Kothi Road, P.O Awadganj, P.S Daltonganj, District Palamau. 2. Janeshwar Shukla, Son of Late Brindavan Shukla, resident of Sri Ram Path, Redma, Panki Road, P.O & P.S Daltonganj, District Palamau. 3. Kripal Tiwary, Son of Late Rajeshwar Tiwari, resident of Sri Ram Path, Panki Road, Redma, P.O & P.S Daltonganj, District Palamau. 4. Dharamraj Tiwari, Son of Late Jai Govind Tiwari, resident of Village Jorh, T.V Tower Road, P.O & P.S Daltonganj, District Palamau. 5. Narendra Kumar Singh, Son of late Kamta Prasad Singh, resident of Charki Bhatha, Baralota, Panki Road, Daltonganj, Palamau. 6. Birmani Pandey, Son of Late Bisheshwar Pandey, resident of Baraloter, Panki Road, Daltonganj, Palamau. 7. Surya Kant Choudhary, Son of Late Ram Adhikari Choudhary, resident of Charki Bhatta, Baralota, Daltonganj, Palamau. 8. M. Wajihuddin, Son of M. Fasihuddin, resident of Rani Ram Chowk, Daltonganj, Palamau. 9. Prabhakar Saran, Son of Late Nagendra Nath Saran, resident of Mohan Cinema Road, Daltonganj, Palamau. 10. Mrs. Kausar Parween, Widow of Late Prof. Razi Ahmad, and daughter of Late Masood Alam Khan, resident of Nawatoli, Daltonganj, Palamau. 11. Mayank Neelabh Minz, Son of Late Poof Mary Alice Minz, resident of Ranchi Road, Near Dr. Jaikumar, Daltonganj, Palamau. 12. Saroj Sahey, Widow of Late Prof. Kailashpati Ranjan Sahay and daughter of Late Ram Kishore Narayan Lal, resident of Mission School Road, Awadganj, Daltonganj, Palamau. 13. Amresh Kumar, Son of Late Prof. Ram Sewak Sahu, resident of Kachhari Road, Awadgung, Daltonganj, Palamau. 14. Shashank Priey, Son of Late Prof. Harihar Prasad Singh, resident of Awadganj, Daltonganj, Palamau. 15. Indrasan Singh, Son of Late Mahavir Singh, resident of Awadganj, Daltonganj, Palamau. 16. Yugal Kishore Prasad, Son of Late Lochan Saw, resident of Police Major Road, Hamidganj, Daltonganj, Palamau. 17. Nagendra Nath Tiwary, Son of late Gupteshwar Nath Tiwari, resident of Police Major Road, Hamidganj, Daltonganj, Palamau. 18. Bimla Devi, Widow of Late Professor Kamal Sen Agarwal, daughter of Late Babu Kalma Prasad Jain, resident of Panki Road, Daltonganj, Palamau. 19. Nikhil Kumar Singh, Son of Late Prof. Ishwari Prasad Singh, resident of Katchhari Road, Daltonganj, Palamau. 20. Girija Debi, Widow of Late Professor Kanhaiya Prasad, and daughter of Late Nathun Saw, resident of Sudna, Daltonganj, Palamau. 21. Brij Kishore Sahay, Son of Late Sukhdeo Sahay, resident of Nawatoli, Daltonganj, Palamau. 22. Bharat Prasad, Son of Late Shiv Bhajan Sahu, resident of Redme Panki Road, Daltonganj, Palamau. 23. Sneh Mohan, Widow of Prof. Kishori Mohan Prasad, daughter of Late Baijnath Sahay, C/o Ratan Kumar Verma, resident of Sona Apartment I/C Kishoreganj, Road No.1, P.O & P.S Daltonganj, District Palamau. …... …. Petitioner(s) 1. The State of Jharkhand Versus 2. The Principal Secretary, Department of Planning cum Finance Department, Government of Jharkhand, Ranchi. 3. The Additional Chief Secretary, Department of Higher and Technical Education, Government of Jharkhand, Ranchi. 4. The Director, Higher Education, Department of Higher and Technical Education, Government of Jharkhand, Ranchi. 5. The Under Secretary, Department of Higher and Technical Education, Government of Jharkhand, Ranchi. 6. The Ranchi University, Ranchi through its Registrar, having its office at Main Road, P.O G.P.O, P.S. Lower Bazar, District Ranchi. 7. The Vice Chancellor, Ranchi University Ranchi, through its Registrar, having its office at Main Road, P.O G.P.O., P.S. Lower Bazar, District Ranchi. .…. …. Respondent(s) With W.P.(S) No. 3538 of 2023 -------
Legal Reasoning
1. Krishna Kumar Mishra, Son of Late Sudarshan Mishra, resident of Town 2, Near Railway Colony, Daltonganj, Palamau. 2. Tunuka Debi, Widow of Late J. K. Sharma, resident of Paki Road, Near Lotus Academy, Daltonganj, Palamau. 3. Sheela Goel, Widow of Late Bipin Bihari Sharan, resident of Balbhati, Panki Road, Daltonganj, Palamau. 4. Gitashree Mallick, Widow of Late Chittaranjan Mallick, resident of Near TVS Show Room, Redma, Daltonganj, Palamau. 5. Indu Devi, Widow of Late R. K. Singh, resident of Panki Road, near Charki Chatta, Daltonganj, Palamau. 6. Awadheshwar Singh @ A. Singh, Son of Late Baleshwar Singh, resident of Abadganj, Near Mission School, Daltonganj, Palamau. 7. Abul Hesnat, Son of Late Abu Sayeed, resident of Panki Road, Redma Chowk, Daltonganj, Palamau. 8. Shankar Prasad Agarwal, Son of Late Sadshiv Lal Agarwal, resident of Sri Ram Path, Panki Road, Daltonganj, Palamau. 9. Sushil Kumar Choudhary, Son of Late Kailash Choudhary, resident of Panki Road, Redma, Daltonganj, Palamau. 10. Maheshwar Singh, Son of late Sahdeo Singh, resident of Bye Pass Road, Daltonganj, Palamau. 11. Rameshwar Prasad, Son of late Rajiv Ranjan Prasad, resident of near Jail Hata, Daltonganj, Palamau. 12. Ranjan Kumar, Son of Late Rajendra Prasad, resident of Sri Rampath Panki Road, Daltonganj, Palamau. 13. Manorama Devi, Widow of Late Deo Narayan Lal, resident of Balbhatta Panki Road, Daltonganj, Palamau. 14. Raja Devi, Widow of Shobh Nath Mistri, resident of Bye Pass Road, Near Satkar Bhawan, Daltonganj, Palamau. 15. Tandra Das @ Tandra Devi, Widow of Late Sunil Kumar Das, resident of Sri Ram Path, Panki Road, Daltonganj, Palamau. 16. Subodh Devi, Widow of Late Dinesh Prasad, resident of Abadganj, Daltonganj, Palamau. 17. Shashi Prabha Bajpai, Widow of Bhuneshwar Prasad Bajpai, resident of TVS Show Room, Daltonganj, Palamau, at present residing at Sharda Nagar, Rashmikhand, P.O., P.S. & District Lucknow, Uttar Pradesh. 18. Pankaj Kishore, Son of Late Braj Kishore Pathak, resident of Sri Ram Path Panki Road, Daltonganj, Palamau. 19. Rajiv Kumar Srivastava, Son of Umesh Chandra Prasad, resident of Abadganj, Daltonganj, Palamau. 20. Rajiv Mukherjee, Son of Late Santosh Kumar Mukherjee & Jaba Mukherjee (mother, nominee), resident of Near TVS Showroom, Daltonganj, Palamau. 21. Kamla Kant Mishra, Son of Late Maheshwar Prasad Mishra, Near Jail Hata, Daltonganj, Palamau. 22. Daya Shankar Srivastava, Son of Late Sugriv Lal Srivastava, resident of Shahid Azam Bhagat Singh Nagar, Town No.2, Road No.4, Daltonganj, Palamau. 23. Subhash Chandra Mishra, Son of Late Tapeshwar Mishra, resident of Sri Ram Path, Daltonganj, Palamau. 24. Umeshwari Charan, Son of Late Mukteshwari Charan, resident of Nawatoli, Near Gaints Club Bhawan, Daltonganj, Palamau. 25. Hira Lal Agarwal, Son of Late Chaturgun Lal Agarwal, resident of near Uphar Cinema, Ratu Road, Ratu, Ranchi. 26. Eva Srivastava, Wife of Sri Daya Shankar Srivastava, resident of Shahid Azam Bhagat Singh Nagar, Town No.2, Road No.4, Daltonganj, Palamau. 27. Nirmal Kumar Dubey, Son of Late Ram Naresh Dubey, resident of B. N. College Road, New Area, Hamidganj, P.O & P.S Daltonganj, Palamau. 28. Lalita Devi, Widow of Late Basudeo Prasad, resident of B. N. College Road, New Area, Hamidganj, P.O & P.S Daltonganj, District Palamau. 29. Digamber Singh, Son of Late Arjun Singh, resident of Charki Bhatta, Panki Road, Daltonganj, Palamau. 30. Krishna Nandan, Son of Late Jaigobind Sharma, resident of Charki Bhatta, Panki Road, Daltonganj, Palamau. Versus …... …. Petitioner(s) 1. The State of Jharkhand 2. The Principal Secretary, Department of Planning cum Finance Department, Government of Jharkhand, Ranchi. 3. The Additional Chief Secretary, Department of Higher and Technical Education, Government of Jharkhand, Ranchi. 4. The Director, Higher Education, Department of Higher and Technical Education, Government of Jharkhand, Ranchi. 5. The Under Secretary, Department of Higher and Technical Education, Govt. of Jharkhand, Ranchi. 6. The Ranchi University, Ranchi through its Registrar, having its office at Main Road, P.O G.P.O, P.S. Lower Bazar, District Ranchi. 7. The Nilambar Pitamber University through its Registrar, having its office at Daltonganj, P.O & P.S Daltonganj, District Palamau. .…. …. Respondent(s) CORAM: HON’BLE MR. JUSTICE AMBUJ NATH -------- -------- For the Petitioner(s) For the Respondent(s) : Mrs. Indrani Sen Choudhary, Advocate : Mr. Dr. Ashok Kumar Singh, Advocate Mr. Anoop Kumar Mehta, Advocate Mr. N. Abhijit Toppo, Advocate Mr. Suraj Prakash, Advocate 15/ Dated 19.08.2024 Both these writ applications arise out of the same impugned order and
Decision
these writ applications are being disposed of by this common order. 2. The petitioners, named above, in W.P.(S) No. 2601/2023 and the petitioners, named above, in W.P.(S) No.3538/2023 have filed these writ applications for issuing necessary directions upon the respondents for giving them pensionary benefits of 7th Pay Commission from 01.01.2016, instead of 01.04.2021. 3. The petitioners have retired as Readers, Lecturers and Professors from the Ranchi University on various dates. After their retirement, they were granted pensions and subsequently, their pensions were revised when the recommendation of 6th Pay Commission was accepted. After the implementation of 7th Pay Commission recommendation, their pensions were again revised w.e.f. 01.04.2021, instead of 01.01.2016, i.e. the date from which the recommendation 7th Pay Commission became applicable. 4. The petitioners being aggrieved have approached this Court for directing the respondents to revise their pension w.e.f. 01.01.2016, i.e. the date of implementation of recommendation of 7th Pay Commission. 5. Learned counsels on behalf of the respondents has submitted that the respondents have written letters to the universities as to what would be the financial implication in case the pensionary benefits of the retired university employees is revised from 01.04.2021 to 01.01.2016. 6. Learned counsel on behalf of the respondents has further submitted that the letters have been written in the month of February, 2024, but replies have not been received from the Universities, and that is the reason, the respondent-State is unable to take any policy decision in this regard. 7. Learned counsel for the petitioners has submitted that all the Universities have replied to the query made by the State in the month of March, 2024 itself. 8. This being the case the respondent-State should take a policy decision with regard to the payment of arrears of revised pension under 7th Pay Commission from 01.01.2016 within a period of three months from the date of receipt of a copy of this order. 9. These writ applications are allowed. Pending I.A, if any, also stands disposed of. (Ambuj Nath, J.) B.S/-