High CourtsSingle Bench(2021) 03 JH CK 0073

Ram Lal And Ors vs Vinoba Bhave University, Hazaribagh And Ors

Jharkhand High Court · Decided on 4 March 2021

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S) No. 3681 of 2019

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Judgment

22 paragraphs · 439 words

Heard Mr. Sanjay Prasad, learned counsel for the petitioners, Mrs. I. Sen Choudhary, learned counsel for respondent nos. 1 & 2 and Mr. Amresh

Kumar, learned counsel for the respondent no. 3.

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 petitioners have preferred this writ petition for direction upon the respondents for providing first and second time bound promotion due to them to

which they have been entitled in view of Finance Department Resolution No. 10770 dated 30.12.1981 and for payment of consequential benefit.

Prayer has also been made for providing benefit of 5 th and 6th Pay Revision including arrear of revised pay.

Petitioner nos. 1, 4, 5, 6 are posted as Peon in B.S.K. College, Maithen. Petitioner no. 2 is posted as Night Guard in B.S.K. College. Petitioner no. 3

has superannuated from the post of Peon. The petitioners were appointed on different dates. By letter dated 06.05.2004, the employees have been

directed to raise objection if any with regard to their revision of pay and providing the benefit of 3rd and 4th pay revision which was approved by the

competent authority. The petitioners are entitled for benefit of 5th and 6th pay revision as well as A.C.P.

By way of referring Annexure-3, Mr. Sanjay Prasad, learned counsel for the petitioners submits that the respondent no. 4 has already recommended

to the concerned university for payment of benefit of 5th and 6th Pay Revision.

Mrs. I. Sen Choudhary and Mr. Amresh Kumar, Learned counsels for the University jointly submit that if the recommendation is there the concerned

University shall take a decision in accordance with rules, regulations and guidelines.

In view of the aforesaid facts and considering the submission of the learned counsel for the parties, the writ petition is being disposed of with direction

to the petitioner to file fresh representation before the concerned University with all the credentials within two weeks from today. If such

representation is filed within the aforesaid period the University shall take decision in accordance with rules, regulations, guidelines and pass

appropriate reasoned order within a period of eight weeks thereafter. It goes without saying that if the decision is taken in favour of the petitioner, the

benefit of the same shall be accrued in favour of the petitioner within a period of further six weeks thereafter.

With the above observations and directions, this writ petition stands disposed of.