Paresh Chandra Das vs State of Jharkhand And Ors

Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Anil Kumar Singh, learned counsel for the respondent-State as well as Mr. Akash Deep, learned counsel for respondent no.3-University.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

The petitioner has preferred this writ petition for direction upon the respondent to fix the salary of the petitioner under 5th and 6th revised pay scales w.e.f. 01.01.1996 and 01.01.2006. Further prayer is made for to fix the pension in the revised pay scale under 6th Pay Revision since 01.01.2006.

The petitioner was appointed as Peon on ad hoc basis on daily wages under the Singhbhum College Chandil w.e.f. 01.06.1980 itself. The petitioner's service was regularized against the sanctioned vacant post in terms of order of Hon'ble Supreme Court in Case No.409 of 1991. The name of petitioner figured at serial no.7 in S.B. College, Chandil. The petitioner has been transferred in Ghatshila College, Ghatshila on 29.12.2003. The Ranchi University vide order dated 18.12.2008 implemented the Central Pay Scale w.e.f. 1996 to the employees and for release of monthly expenditure of all the constituent colleges under Ranchi University, Ranchi, the Department of HRD (Higher Education), Government of Jharkhand revised the pay scale of Class IV employees of Ghatshila College, Ghatshila vide order dated 04.06.2010 w.e.f. 01.01.1996 in which pay scale of 21 employees was revised and revision of 23 persons were kept pending. The petitioner has filed representation and the petitioner has retired on 30.11.2017. The Principal of Ghatshil College, Ghatshil has already recommended the case of the petitioner to Kolhan University, Chaibasa on 05.06.2017. The College of petitioner is now under Kolhan University. Learned counsel for the petitioner submits that the case of the petitioner is fully covered in view of the judgment rendered by Division Bench in L.P.A. No.542 of 2014 dated 08.05.2018 contained in Annexure-10 to the writ petition.

Mr. Anil Kumar Singh, learned counsel for the respondent-State as well as Mr. Akash Deep, learned counsel for respondent no.3-University jointly submit that the writ petition can be disposed of directing the petitioner to approach the respondent no.3 who will take a decision and will do needful for payment of claim of the petitioner.

In view of above facts and considering the submission of learned counsel for the parties, the writ petition is being disposed of directing the petitioner to approach respondent no.3 by way of filing fresh representation within a period of two weeks. If such representation is filed within the aforesaid period, the respondent no.2 shall consider the case of the petitioner in accordance with Rules, Regulations and Guidelines and will pass a reasoned order within four weeks. If the decision is taken in favour of the petitioner, the same shall be forwarded to the Government of Jharkhand for the needful within a period of two weeks further thereafter.

With the above observation and direction, the writ petition is disposed of.