The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6174 of 2023 1. Vijay Singh, aged about 72 years, S/o Ram Dahin Singh, R/o Vasant Vihar, College Road, P.O. Korrah & P.S. Sadar, District Hazaribagh, Jharkhand. 2. Dr Khalid Eqbal, aged about 65 years, S/o late Jamil Ahmad Siddiqui, R/o Aliya Manzil House No. 424, Alflah Colony Road No. 4, Near Fahima Academy, Pugmill, P.O. & P.S. Hazaribagh, District Hazaribagh, Jharkhand. 3. Nawal Kishore Mehta, aged about 56 years, S/o D. Mehta, R/o House No. 224 C, Housing Colony Road, Near V.C. Residence Sarley, P.O. & P.S. Barkagaon, District Hazaribagh, Jharkhand. 4. Veena Kumari, aged about 50 years, w/o late Sitaram Sahu, R/o 13E, Bundel Nagar, Sarley Dipugaraha, Near NH33, P.O. & P.S. Hazaribagh, District Hazaribagh, Jharkhand. … … Petitioners Versus 1. The State of Jharkhand, the Principal Secretary, through 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. 2. 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. 3. Vinoba Bhave University through the Registrar, Vinoba Bhave University Road, Sindoor, P.O. and P.S. Hazaribagh, District Hazaribagh, Jharkhand, 825301. 4. The Vice Chancellor, Vinoba Bhave University, Vinoba Bhave University Road, Sindoor, P.O. and P.S. Hazaribagh, District Hazaribagh, Jharkhand, 825301 5. The Registrar, Vinoba Bhave University, Vinoba Bhave University Road, Sindoor, P.O. and P.S. Hazaribagh, District Hazaribagh, … Respondents Jharkhand, 825301 … CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners For the University For the State
Legal Reasoning
--- : Mr. Baibhaw Gahlaut, Advocate : Mr. Amresh Kumar, Advocate : Mr. Abhinay Kumar, AC to GA I --- 05/19.04.2024 The learned counsels for the parties are present. 2. This writ petition has been filed for the following reliefs: “(A) For issuance of writ in the nature of mandamus or any other appropriate writ, order, direction upon the Respondents to pay the salary of the Petitioner Nos. 1, 2 & 3 for the period of February 1987 to March 1988, September 1989 to November 1989, and for the month of February 1989 that has not been paid to the Petitioner Nos. 1, 2 & 3 even after absorption of the services of the Petitioner Nos. 1, 2 & 3 by Vinoba Bhave University pursuant to the judgment dated 12.10.2004 passed by the Hon'ble Supreme Court in Civil Appeal No. 6098 of 1997. (B) For issuance of writ in the nature of mandamus or any other appropriate writ, order, or direction upon the Respondents to pay the differences of salary of the Petitioner Nos. 1, 2 & 3 with dearness allowances and increment in revised scale for the period of November 1986 to January 1989, April 1988 to January 1989, March 1989 to August 1989 and for the month of December 1989 in light of the fact that Vinoba Bhave University vide notification dated 16.09.2005 has absorbed the services of the Petitioner Nos. 1, 2 & 3 in compliance of the judgment dated 12.10.2004 passed by the Hon'ble Supreme Court in Civil Appeal No. 6098 of 1997. (C) For issuance of writ in the nature of mandamus or any other appropriate writ, order, or direction upon the Respondents to pay the salary of the husband of the Petitioner no. 4, late Sitaram Sahu for the period of February 1987 to March 1988, September 1989 to November 1989, and for the month of February 1989 that has not been paid to the Petitioner even after absorption of the services of the late husband of the Petitioner no. 4 by Vinoba Bhave University pursuant to the judgment dated 12.10.2004 passed by the Hon'ble Supreme Court in Civil Appeal No. 6098 of 1997. (D) For issuance of writ in the nature of mandamus or any other appropriate writ, order, direction upon the Respondents to pay the differences of salary of the husband of the Petitioner no. 4, late Sitaram Sahu with dearness allowances and increment in revised scale for the period of November 1986 to January 1989, April 1988 to January 1989, March 1989 to August 1989 and for the month of December 1989 in light of the fact that Vinoba Bhave University vide notification dated 16.09.2005 has absorbed the services of the husband of the Petitioner no. 4, late Sitaram Sahu in compliance of the judgment dated 12.10.2004 passed by the Hon'ble Supreme Court in Civil Appeal No. 6098 of 1997.” 3. The learned counsel for the petitioners has submitted that the petitioners have moved the Registrar, Vinoba Bhave University, Hazaribagh for redressal of their grievance by filing petition claiming differential salary and other benefits as contained in Annexure - 5 series which are all dated 07.08.2023. 4. The learned counsel for the Respondent University has submitted that the representation was filed on 07.08.2023 and the writ petition was shortly filed on 13.10.2023. He submits that the Registrar of the University shall take a decision in connection with the grievance of the petitioners but the representation is absolutely sketchy and without any foundational details with regard to the claim 2 of the petitioners and therefore, each of the petitioners should be directed to file separate and detailed representations. 5. The learned counsel for the State has submitted that the role of the State comes into play only after the University takes a decision. 6. learned counsel for After hearing the parties and the considering the nature of relief prayed for in this writ petition, this Court finds that the petitioners have raised their grievance before the Registrar, Vinoba Bhave University vide Annexure – 5 series, all dated 07.08.2023. Under such circumstances, this Court is not inclined to call for a counter-affidavit at this stage. 7.
Decision
However, this petition is disposed of enabling the petitioners to file separate representations before the Respondent No. 5 giving the foundational details in connection with their service and claim. They may also file copies of the applicable Circulars/guidelines along with the representations. The petitioners shall jointly file one set of the writ records along with the representations. The needful be done by the petitioners within a period of one month from today. 8. Upon filing of such representation, the Respondent No. 5 shall pass an appropriate reasoned order after granting an opportunity of hearing to the petitioners or their authorized representative taking into consideration the applicable rules/guidelines/judgments, etc., within a period of six weeks from the date of the representation. 9. The reasoned order be communicated to the petitioners through speed post. 10. If the petitioners are found entitled for any benefit arising out of the reasoned order, the same be communicated to the Respondent No.2, who shall in turn take a decision in accordance with law within a period of six weeks from the date of receipt of communication from the Respondent No. 5. 11. Pending interlocutory application, if any, stands closed. Saurav (Anubha Rawat Choudhary, J.) 3