The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3068 of 2021 WITH W.P.(S) No. 595 of 2021 WITH W.P.(S) No. 597 of 2021 WITH W.P.(S) No. 653 of 2021 WITH W.P.(S) No. 845 of 2021 WITH W.P.(S) No. 1020 of 2021 WITH W.P.(S) No. 1038 of 2021 WITH W.P.(S) No. 1045 of 2021 WITH W.P.(S) No. 1538 of 2021 WITH W.P.(S) No. 1543 of 2021 WITH W.P.(S) No. 1732 of 2021 WITH W.P.(S) No. 1771 of 2021 WITH W.P.(S) No. 1772 of 2021 WITH W.P.(S) No. 1779 of 2021 WITH W.P.(S) No. 1918 of 2021 WITH W.P.(S) No. 2007 of 2021 WITH W.P.(S) No. 2010 of 2021 WITH W.P.(S) No. 2148 of 2021 WITH W.P.(S) No. 3109 of 2021 WITH W.P.(S) No. 3243 of 2021 WITH W.P.(S) No. 5056 of 2021 WITH W.P.(S) No. 480 of 2022 WITH W.P.(S) No. 1414 of 2022 WITH W.P.(S) No. 1426 of 2022 WITH W.P.(S) No. 1755 of 2022 WITH W.P.(S) No. 1932 of 2022 WITH W.P.(S) No. 2241 of 2022 ---- Ajay Kumar Upadhyay … Petitioner [in W.P.(S) No. 3068 of 2021] 2. 1. Ashok 2. Satishwar Prasad Sinha 3. Om Prakash Gupta 4. Samir Sarkar 5. Ravi Krishna 6. Md. Quasimuddin Ansari 7. Saraswati Chaudhary … 1. Sanjay Kumar Chakravorty 2. Vijay Bahadur Singh 3. Anita Tirkey 4. Sushma Roy 5. Snehlata Singh 6. Pushpa Rani Prasad .… Petitioners [in W.P.(S) No. 595 of 2021] Petitioners [in W.P.(S) No. 597 of 2021] Gokhul Narayan Das … Petitioner [in W.P.(S) No. 653 of 2021]
Legal Reasoning
1. Hari Om Pandey 2. Shambhu Nath Paul 3. Sanjay Kumar Dey 4. Janardan Prasad Agrawal 5. Arun Kumar 6. Pradha Raman Das 7. Achint Kapoor 8. Sudha Singh 9. Nand Kumar Keshri 10. Bijay Singh 11. Syed Md. Shamim 12. Mahmood Alam 13. Meena Rajpal 14. Dr. Ram Akbal Tiwary 15. Lal Rajkishore Nath Sahdeo 16. Pushpa sharan 17. Usha Rani Gupta 18. Diwakar Minz 19. Kamla Gupta 20. Geeta Ojha 21. Kundan Kumar Thakur 22. Basudeo Singh 23. Ravi Bhushan Tiwary 24. Mahender Singh 25. Ajay Kumar Chattoraj 26. Chandra Kanti Khalkho 27. Debashish Guha 28. Ram Kumar Tiwary 29. Sunil Kumar Jha 30. Mahendra Prasad Prajapati 31. Subhra Chatterjee 32. Subroto Kumar Paul 33. Ratna Roy 34. Nivedita Sen 3. 35. Bonani Chatterjee 36. Nand Kumar Bera 37. Ajit Kumar Mahato 38. Assunta Tigga 39. Dr. Neeta Rani 40. Cynthia Chalkho 41. Nilan Purti 42. Dr. Neena Narendra Kaur 43. Ignatia Toppo 44. Tulu Sarkar 45. Punam Kumari 46. Dr. Renuka Thakur … Indira Singh Purnima Kumar … … 1. Rajendra Nath Mahato 2. Rabindra Kumar 3. Lurku Kachhap 4. Sosan Soreng 5. Nutan Cjhandra 6. Sulakshana Toppo 7. Nandita Nag 8. Krishna Mohan Mahato 9. Jayant Bhagat … 1. Grace Minz 2. Shimla Kumari 3. Amar Jyoti Khalkho 4. Renu Lal 5. Antu Seth 6. Jit Bahan Baraik 7. Upendra Prasad Sahu Janki Devi Petitioners [in W.P.(S) No. 845 of 2021] Petitioner [in W.P.(S) No. 1020 of 2021] Petitioner [in W.P.(S) No. 1038 of 2021] Petitioners [in W.P.(S) No. 1045 of 2021] … … Petitioners [in W.P.(S) No. 1538 of 2021] Petitioner [in W.P.(S) No. 1543 of 2021] 1. Khagendra Nath Upadhaya 2. Jayant Prasad Singh … Petitioners [in W.P.(S) No. 1732 of 2021] Kamleshwar Prasad Shukla… Petitioner [in W.P.(S) No. 1771 of 2021] Abha Sahay … Petitioner [in W.P.(S) No. 1772 of 2021] Ashok Kumar Sinha … Petitioner [in W.P.(S) No. 1779 of 2021] 1. Dr. Mahendra Ram 2. Dr. Nawal Kishore Tiwary 3. Dr. Arvind Kumar Pandeya 4. Dr. Radha Raman Kishore 5. Dr. Anita Sinha 6. Dr. Kamala Prasad Singh 4. 7. Dr. Rana Pratap Singh 8. Lalita Devi 9. Krishna Nandan 10. Digambar Singh 11. Ramanand Chaubey 12. Dr. Md. Faiyaz Ahmad 13. Ved Prakash Shukla .… Petitioners [in W.P.(S) No. 1918 of 2021] 1. Ram Priya Prasad 2. Sunder Singh .… Petitioners [in W.P.(S) No. 2007 of 2021] 1. Dr. Krishna Nand Thakur 2. Prof. Narottam Manjhi … Petitioners [in W.P.(S) No. 2010 of 2021] Ajit Kumar Pathak Sarita Prasad … … Petitioner [in W.P.(S) No. 2148 of 2021] Petitioner [in W.P.(S) No. 3109 of 2021] Harishchandra Prasad Sah… Petitioner [in W.P.(S) No. 3243 of 2021] Esther Rani Tudu … Petitioner [in W.P.(S) No. 5056 of 2021] Dr. Bhrigu Nath Ojha … Petitioner [in W.P.(S) No. 480 of 2022] 1. Shambhu Nath Mishra 2. Kameshwar Upadhyay 3. Nityanand Choudhary 4. Bina Tiwary 5. Madhuri Prasad 6. Rajeev Nayan Sinha … Petitioners [in W.P.(S) No. 1414 of 2022] Basuri Mohan Mandal … Petitioner [in W.P.(S) No. 1426 of 2022] 1. Rama Nath Mishra 2. Ishwari Narayan Das 3. Sudarshan Singh .… Petitioners [in W.P.(S) No. 1755 of 2022] 1. Anil Chandra Pathak 2. Pradip Kumar Jha 3. Ramesh Chandra Pandey 4. Narendra Jha 5. Ashok Kumar Dubey 6. Deo Prasad Sarkar 7. Subhas Chandra Mukherjee 8. Shankar Narayan Singh 9. Sharda Nand Prajapati .… Petitioners [in W.P.(S) No. 1932 of 2022] Jata Shankar Singh … Petitioner [in W.P.(S) No. 2241 of 2022] -versus- The State of Jharkhand & Others… Respondents [in all the cases] ---- 5. CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY ---- For the Petitioners : Mr. Saurav Arun, Advocate Mr. Baibhaw Gahlaut, Advocate For the Respondents: Ms. Vandana Singh, Sr. SC III Ms. Pinky Tewary, AC to AG Mr. Ashutosh Anand, AAG III Mr. Binit Chandra, AC to AAG III Mr. Suchendra Prasad, GP IV Ms. Soumya S. Pandey, AC to AAG I Mr. Rohit, AC to AAG I Mr. Pradeep Kumar, AC to AAG II Mr. Lav Kr. Tiwari, AC to AAG V Mr. Shashank Shekhar, AC to AAG V Mr. K. K. Singh, SC V Mr. Krishna Prajapati, AC to SC V Mr. Niraj Kumar Mishra, AC to GP IV Mr. Rajesh Kumar Jha, AC to Sr. SC II Mr. Rahul Saboo, GP II Mr. Saurav Mahto, AC to GP II Ms. Divya, AC to SC III Mr. Anil Kumar Singh, AC to GP I Mr. Raunak Saha, AC to GP III Ms. P.M. Tudu, AC to AAG IV Mr. J.F. Toppo, GA V Ms. M. Chatterjee, AC to GA V Dr. A.K. Singh, Advocate (Kolhan Univ.) Mr. Shivam Singh, Advocate Mr. A. K. Mehta, Advocate (RU) Order No. 04 Dated 06th April, 2023 ---- Heard the learned counsel for the respective sides. In these writ applications, the respective petitioners have prayed for a direction upon the respondents to pay forthwith the arrears of salary as per 5th, 6th and 7th Pay Revision in the pay scale of Rs. 12,000-420-18300/- w.e.f. 1.1.1996 to 30.05.2005 as the issue is no longer res integra and decided by this Court and affirmed up to the Division Bench of this Court by which the issue regarding two pay scales of Reader have been struck down considering only one post of Reader in view of the judgment passed by this Court in W.P.(S) No. 4162 of 2013 affirmed in L.P.A. No. 661 of 2019. The petitioners have also prayed for a direction upon the respondents not to discriminate the petitioners in favour of whom the issues have already been decided and hence entitled for the pay scale of Rs. 12,000-420-18,300/- in 6. place of Rs. 10,000-325-15,200/- as it has already been held that there is one scale in the cadre of Reader i.e. 3700-5700/- revised up to date which comes to Rs. Rs. 12,000-420-18,300/-. At the outset, Mr. Saurav Arun, learned counsel for the petitioners submits that the matter with respect to the prayer of the petitioners have been settled in W.P.(S) No. 4162 of 2013 which has been affirmed up to the Hon’ble Supreme Court. It has been submitted that similar orders considering the aforesaid facts have already been passed in various writ petitions. Dr. Ashok Kumar Singh, learned counsel appearing for the Nilamber Pitamber University as well as the Kolhan University has submitted that the Universities have fixed the pay scale and are awaiting for approval of the pay scale and the consequent disbursal of the amount to be paid to the petitioners. It appears that as there was a dispute with respect to pay scale of Readers, the matter was considered by this Court and ultimately settled in L.P.A. No. 22 of 2018 and L.P.A. No. 661 of 2019. The aforesaid judgment passed by the Division Bench of this Court was challenged by the State before the Hon’ble Supreme Court in Special Leave to Appeal (C) No. 11104 of 2020 which was dismissed on 18.09.2020. It is the case of the petitioners that after the final order was passed in Special Leave to Appeal (C) No. 11104 of 2020, the said Prashant Kumar Mishra and others have been extended the said scale. The petitioners claim that same treatment as was meted out to Prashant Kumar Mishra and others be extended to them as their case stands on equal footing. In view of the submissions advanced by the counsels appearing for the respective parties, the petitioners are directed to approach the Registrar of the respective Universities within a period of four weeks by filing individual representation(s) and the Registrar of the concerned Universities on receipt of such representation will consider the claim of the petitioners after going through the records and if it is found that the petitioners are entitled to similar benefits as granted to Prashant Kumar Mishra and others pursuant to the order passed in L.P.A. No. 22 of 2018, the concerned Registrar shall pass appropriate order and will communicate the same to the 7. State. The State shall thereafter approve the pay scale as recommended by the respective Universities and will thereafter disburse necessary funds to the concerned Universities which in turn shall be extended to the petitioners. If any part of the claim of the petitioners is turned down, the reasons thereof should also be communicated to the petitioners. The entire process as indicated above should be completed within a period of 12 weeks from the date of receipt/ production of a copy of this order.
Decision
All these writ applications stand disposed of with the aforementioned observations. MK (RONGON MUKHOPADHYAY,J.)